Bombay High Court

DHANASHREE LADOBA GAONKARversusSTATE OF MAHARASHTRA AND ANR

Decided: 20 February 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The court granted leave to withdraw the criminal application and disposed of it as withdrawn.

Summary

The applicant, Dhanashree Ladoba Gaonkar, filed a criminal application seeking to quash the FIR, charge sheet and proceedings under Section 324 of the Indian Penal Code. The application was filed in the High Court of Bombay before Justice Ashwin D. Bhobe. During the hearing, the applicant’s counsel requested permission to withdraw the application and instead pursue a discharge application before the trial court. The State’s counsel did not oppose the request. The court granted leave to withdraw the present application, directing that any future discharge application be considered on its merits. Consequently, Criminal Application No. 262 of 2024 was disposed of as withdrawn.

Issues considered

Whether the High Court may grant leave to withdraw a criminal application seeking quash of an FIR and charge sheet.

Legislation cited

Indian Penal Code, 1860 — s. 324

Subjects

quash FIR
withdrawal of criminal application
Section 324 IPC
High Court of Bombay
criminal procedure

Judgment

Gitalaxmi                                                            27-APL-262-2024.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL APPLICATION NO. 262 OF 2024

            Dhanashree Ladoba Gaonkar                        ...Applicant

                     Versus

            The State of Maharashtra And Anr.                ...Respondents
                                         __________

            Mr. Viral Kishore Rathod a/w Ms. Shivani Shinde, learned Advocates for
            the Applicant.

            Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
            PSI Mr. Sandeep D. Chavan attached to Marine Drive Police Station,
            Mumbai is present in the Court.
                                          __________

                                      CORAM : ASHWIN D. BHOBE, J.
                                      DATE : 20th FEBRUARY 2026.

            P.C. :


            1.       Heard Mr. Viral Rathod, learned Advocate for the Applicant
            and Mr. Tanveer Khan, learned A.P.P. for the State/Respondent.


            2.       By the present Criminal Application, the Applicant has sought
            for the following substantive relief in terms of prayer clause
            18(A) :-


                 “A.     This Hon'ble Court be pleased to quash and set aside
                 FIR, Charge sheet and Criminal Proceedings bearing CC No.
                 103/PW/2024, pending on the file of 8th Metropolitan
                 Magistrate, Mumbai in connection with C.R. No. 206/2023
                 registered at the Marine Drive Police Station, Mumbai for the
                 offence punishable under section 324 of the Indian Penal
                 Code on such terms and conditions as this Hon'ble Court
                 deems fit.”
                                             Page 1 of 2
Gitalaxmi                                                             27-APL-262-2024.doc


            3.    After having heard the matter for some time, Mr. Viral
            Rathod, learned Advocate for the Applicant, on instructions from
            the Applicant craves leave to withdraw the present Criminal
            Application with liberty to file an Application seeking discharge
            before the Trial Court at the appropriate stage.


            4.    Mr. Tanveer Khan, learned A.P.P. for the State/Respondent
            does not object for grant of the request made by Mr. Viral Rathod.


            5.    In view of the above, leave is granted to withdraw the
            present Criminal Application with liberty as prayed for. If such
            Application is filed by the Applicant before the Trial Court at the
            appropriate stage, the same be considered on its own merits and in
            accordance with law.


            6.    Criminal Application No. 262 of 2024 is disposed of as
            withdrawn.




                                                      [ASHWIN D. BHOBE, J.]


                             Digitally signed
                             by GITALAXMI
                 GITALAXMI   KRISHNA
                 KRISHNA     KOTAWADEKAR
                 KOTAWADEKAR Date:
                             2026.02.20
                             20:00:02 +0530




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