Bombay High Court

YASHWANT KISAN GAWALI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Withdrawn
Bench: NEERAJ P DHOTE

Holding

The application is disposed of as withdrawn, with liberty to file an appropriate application before the trial court if permissible.

Summary

The applicants, who are the father‑in‑law, mother‑in‑law, brother‑in‑law and sister‑in‑law of the informant, filed an application seeking quash of FIR No.112/15 and the charge sheet RCC No.1093/2015 relating to offences under Sections 498‑A, 323, 506 read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The trial court had already framed charges and was proceeding to record evidence, but the informant was not appearing before the court. The applicants later indicated that the father‑in‑law and mother‑in‑law had died and that they would withdraw the application and approach the trial court with a suitable application. The High Court, after noting the withdrawal, disposed of the application as withdrawn, granting liberty to file any appropriate application before the trial court if permitted by law.

Issues considered

Whether the application seeking quash of the FIR and charge sheet should be entertained despite the informant's non‑appearance.
Whether the application can be withdrawn and the court can dispose of it as such.

Legislation cited

Dowry Prohibition Act — s. 3, 4
Indian Penal Code, 1860 — s. 323, 34, 498-A, 506

Subjects

quash of FIR
withdrawal of application
criminal procedure
dowry prohibition
IPC sections 498-A, 323, 506, 34
trial court proceedings

Judgment

2026:BHC-AUG:19267-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.

910 CRIMINAL APPLICATION NO.3682 OF 2019

Yashwant Kisan Gawali and Others ..Applicants
Versus
The State of Maharashtra and Anr ..Respondents
…..
Adv. P.S. Pawar for the Applicants
Smt. Bharati Gunjal, APP for the Respondent – State.
…..

CORAM : NEERAJ P. DHOTE, J.
Dated : APRIL 28, 2026

PER COURT :-

. The learned Advocate for the Applicants submits that, this is the
Application by Father-in-law, Mother-in-law, Brother-in-law and
Sister-in-law of Respondent No.2 – Informant, seeking quashing of the
FIR No.112/15 registered with Mukundwadi Police Station,
Dist. Aurangabad, as well as the Charge sheet registered as RCC
No.1093/2015 for the offence punishable under Sections 498-A, 323,
506 r/w. Sec. 34 of the Indian Penal Code and Sections 3 and 4 of the
Dowry Prohibition Act. The Applicant No.1 - Yashwant Kisan Gawali and
Applicant No. 2 – Pratibha Yashwant Gawali, who are the Father-in-law
and Mother-in-law, respectively, of Respondent No.2 – Informant, are no
more. He further submits that learned Trial Court has framed charge
and now the matter is posted for recording the evidence, however, the
Informant is not appearing before the Court. He submits that, in view of
the above, he will withdraw the application and move appropriate
application before the learned Trial Court.

2. Learned APP for the State is present.
2
3. In light of above, the Application stands disposed of as
withdrawn, with liberty to file appropriate application before the
learned Trial Court, if permissible under the law.

( NEERAJ P. DHOTE, J. )
GGP

Continue reading with your account

Checking your session…