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Bombay High Court

ADITYA BALKRISHNA GURAV AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The application to quash the FIR and charge‑sheet is dismissed as infructuous because the accused have already been acquitted in the related case.

Summary

The applicants filed a criminal application seeking to quash the FIR, charge-sheet and criminal proceedings (Police Case No. 949/Pw/2017, CR No. 292/2016) for offences under sections 143, 147, 149, 323, 504 and 506 of the Indian Penal Code. The matter was listed, but the applicants and their counsel were absent, leading the court to list it for dismissal. The State’s assistant public prosecutor produced a copy of the order dated 01‑03‑2023 in RCC No.1545/P.W./2019, wherein the accused were acquitted in a case arising from the same crime number. Relying on this acquittal, the court held that the present application was infructuous. Consequently, the application to quash the FIR and related proceedings was dismissed.

Issues considered

  • Whether an application to quash an FIR and charge‑sheet is maintainable after the accused have been acquitted in a related proceeding.
  • Whether the absence of the applicants and their counsel warrants dismissal of the application as infructuous.

Legislation cited

Subjects

  • quash FIR
  • criminal procedure
  • acquittal
  • dismissal
  • infructuous application
  • Indian Penal Code

Judgment

                                                                                  40- APL 418 of 2020.odt



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                                   CRIMINAL APPLICATION NO.418 OF 2020
VAISHALI
ANIL
TIKAM              Aditya Balkrishna Gurav and Ors.                       … Applicants.
Digitally signed            V/s.
by VAISHALI
ANIL TIKAM
Date:              The State of Maharashtra and Anr.                      … Respondents.
2026.01.30
20:08:46 +0530
                                                          ---

                   None for the Applicants.
                   Ms. Pallavi Dabholkar, APP for the State.
                   PSI Sandip Jarande, Nirmal Nagar Police Station, Mumbai is
                   present.
                                                    ---

                                         CORAM :      ASHWIN D. BHOBE, J.
                                            DATE :    28th JANUARY, 2026
                   P.C. :



                   1.              By the present Application, the Applicants have sought

                   the following substantive relief in prayer clause 5A:

                                   "5A. This Hon'ble Court be pleased to quash FIR, Charge-
                                   sheet and criminal proceedings bearing Police Case No.
                                   949/Pw/2017 with CR No. 292/2016 registered at the
                                   Nirmal Nagar Police Station, Mumbai for the offence
                                   punishable under sections 143, 147, 149, 323, 504, 506 of
                                   the Indian Penal Code on such terms and condition as this
                                   Hon'ble Court deems fit."




                   Tikam                         1
                                                    40- APL 418 of 2020.odt



2.          This matter was listed on 22/01/2026. In view of the

absence    of the Applicants/ Advocate for the Applicants, this

Application was ordered to be listed today under the caption "For

Dismissal". Learned APP was also called upon to verify the status

of the trial Court.

3.          Ms. Dabholkar, learned APP for the State tenders

photostat copy of the order dated 01/03/2023 passed in RCC No.

1545/P.W./2019, by which the accused therein are acquitted. She

submits that the said proceedings arise out of Crime No. 292 of

2016 which is subject matter of the present Application. Photostat

copy of the said order dated 01/03/2023 is taken on record and

marked 'X' for identification.

4.          In view of the statement made by Ms. Dabholkar,

learned APP for the State, Criminal Application No. 418 of 2020 is

dismissed as infructuous.




                                  (ASHWIN D. BHOBE, J.)




Tikam                     2


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