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Bombay High Court

MANGESH SHRIDHAR SATAMKARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court dismissed the criminal application as withdrawn after granting leave to withdraw.

Summary

The applicant, Mangesh Shridhar Satamkar, filed a criminal application seeking to quash FIR No.137/2023 alleging offences under sections 376(2)(n), 312, 420, 504 and 506(2) of the IPC. The State argued that a summary report had been filed in July 2023, rendering the application moot. The applicant then requested leave to withdraw the application. The Court granted leave to withdraw and dismissed the application as withdrawn. Consequently, the FIR remains unaffected.

Issues considered

  • Whether the FIR can be quashed on the basis of the allegations made.
  • Whether the filing of a summary report makes the application infructuous.
  • Whether the Court can grant leave to withdraw a criminal application.

Legislation cited

Subjects

  • quash FIR
  • criminal application
  • summary report
  • withdrawal of application
  • IPC offences

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN                                                                    (3) APL-281.26.DOCX
GOPAL       Date:
CHANDAN     2026.02.18
            18:24:33
            +0530                                                                                      lgc

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL APPLICATION NO.281 OF 2026

                          Mangesh Shridhar Satamkar                : Applicant
                               Versus
                          The State of Maharashtra and anr.        : Respondents.
                          ______________________________________________________

                          Ms. Sonal Parab, for the Applicants.
                          Mr. Sukanta A Karmarkar, APP for the Respondent/State.
                          Mr. Annasaheb Kadam, API, Antop Hill Police Station present.
                          ______________________________________________________

                                                       CORAM : ASHWIN D. BHOBE, J.
                                                        DATED : 17 FEBRUARY 2026
                          PC:-



                          1.     By this Application, the Applicant has sought for the
                          following substantive relief :-

                                       “(b)      That this Hon’ble Court may be pleased to
                                       quash and set aside F.I.R. No.137/2023 registered with
                                       the Antop Hill Police Station for alleged commission of
                                       offences U/s. 376(2)(n), 312, 420, 504, 506(2) of the
                                       Indian Penal Code, 1860 against the Applicant/Accused
                                       on such terms and conditions as this Hon’ble Court may
                                       deem fit to grant in the circumstances of the case.”



                          2.     Mr.     Sukanta        Karmarkar,        learned      APP     for    the
                          Respondent/State, on instructions of the Investigating officer,
                          states that “C” Summary Report was filed in the month of July

                                                                  1
                                              (3) APL-281.26.DOCX


2023. He, therefore, submits that this Application is rendered
infructuous.


3.   In view of the statement made by Mr. Sukanta
Karmarkar, learned APP for the Respondent/State, Ms. Parab,
learned Advocate for the Applicant, on instructions from the
Applicant, craves leave to withdraw this Criminal Application.


4.   Leave granted to withdraw this Criminal Application.


5.   Criminal Application No.281 of 2026 is dismissed as
withdrawn.




                                     (ASHWIN D. BHOBE, J.)




                               2


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