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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