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Bombay High Court

SATISH JAGDISH SHAKKYAversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

When the proceedings sought to be quashed are already finally disposed, a criminal application under Section 528/482 is infructuous and must be dismissed.

Summary

Satish Jagdish Shakkya filed a criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 482 of the CrPC) seeking to quash proceedings initiated by the State of Maharashtra under the Protection of Women from Domestic Violence Act, 2005 (DV No.63 of 2020). The applicant’s counsel argued that the domestic‑violence proceedings had already been finally disposed of by the Judicial Magistrate, First Class, Bhiwandi. The High Court examined whether the application remained maintainable in view of the final disposal of the underlying case. Finding that no operative proceedings remained, the Court held the application to be infructuous. Consequently, the application was disposed of, though the Court noted that the substantive contentions raised were left open for any future appropriate forum.

Issues considered

  • Whether a criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (or Section 482 CrPC) is maintainable when the impugned proceedings have already been finally disposed of.

Legislation cited

Subjects

  • quash of proceedings
  • Section 528
  • Section 482
  • Domestic Violence Act
  • infructuous application
  • High Court

Judgment

                                                                         905.APL-317.25.DOC




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed
             by PRACHI
PRACHI
PRANESH
             PRANESH
             NANDIWADEKAR
                                       CRIMINAL APPELLATE JURISDICTION
NANDIWADEKAR
             Date: 2026.08.21
             15:32:16 +0530
                                     CRIMINAL APPLICATION NO. 317 OF 2025

                   Satish Jagdish Shakkya                                … Applicant
                              V/s.
                   The State of Maharashtra & Anr.                       …. Respondents
                                                ______________________

                   Ms. Asha Bose i/by Ms. Swatanthi Waghmare, for the Applicant.
                   Ms. M. R. Tidke, APP for the Respondent-State.
                   Mr. Pandit H. Wagh, PS attached to Narpoli Police Station present.
                                           ______________________

                                                CORAM : MADHAV J. JAMDAR, J.
                                                DATED : 21 AUGUST 2026
                   P. C. :-

                   1.         Heard Ms. Bose, learned counsel appearing for the

                   Applicant.



                   2.         By this application filed under Section 528 of the Bharatiya

                   Nagarik Suraksha Sanhita, 2023 (Section 482 of the Code of

                   Criminal Procedure, 1973), the applicant has sought relief of

                   quashing          of proceedings filed by Respondent No.2 under the

                   provisions of the Protection of Women from Domestic Violence Act,

                   2005 bearing DV No.63 of 2020 filed in the Court of the learned

                   Judicial Magistrate, First Class, Bhiwandi, at Bhiwandi. However,




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                                                 905.APL-317.25.DOC




learned counsel appearing for the Applicant states that the said

proceedings are finally disposed of.



3.    Accordingly, nothing survives in the Criminal Application as

same has become infructuous.



4.    Thus, Criminal Application is disposed of as having become

infructuous. However, contentions raised in this application are

expressly kept open.



                                        [MADHAV J. JAMDAR, J.]




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