Bombay High Court

DATTATRAYA ANKUSHRAO PAWAL AND OTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: NEERAJ P DHOTE

Holding

The petition is dismissed as infructuous because the petitioners have already been acquitted by the trial court.

Summary

The petitioners filed a criminal writ petition seeking quashing of FIR No.520/2021 and the charge-sheet (R.C.C. No.571/2021) for offences under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code. The court noted a note from a resource personnel indicating that the petitioners had already been acquitted by the trial court on 12-12-2025, and the informant for the State confirmed the same. The petitioner's counsel had no instructions to proceed. Since the trial court had already acquitted the petitioners, there was no surviving ground for the writ. Consequently, the court held the petition infructuous and disposed of it.

Issues considered

What is the appropriate remedy when a petition seeking quash of FIR and charge-sheet is filed after the accused have been acquitted by the trial court?

Legislation cited

Indian Penal Code, 1860 — s. 323, 34, 498A, 504, 506

Subjects

criminal procedure
quash petition
FIR
acquittal
jurisdiction

Judgment

2026:BHC-AUG:18856-DB
                                               1
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD.

                            913 CRIMINAL WRIT PETITION NO.1361 OF 2021
               Aashabai Ankushrao Pawal and Others                         ..Petitioners
                      Versus
               The State of Maharashtra and Another                        ..Respondents
                                                    …..
               Adv. N. V. Jagtap h/f. Adv. M. S. Bhosale for the Petitioners
               Shri. R. D. Raut, APP for the State.
               Shri. S. R. Zambare, Advocate for Respondent No.2
                                                    …..

                                              CORAM :      NEERAJ P. DHOTE, J.
                                              Dated    :   APRIL 28, 2026
               PER COURT :-
               .     This is the Petition seeking quashing of the FIR No.520/2021
               registered with Karjat Police Station, Dist. Ahmednagar as well as
               Charge-sheet registered as R.C.C. No.571/2021 filed before the learned
               Judicial Magistrate First Class, Karjat, Dist. Ahmednagar, for the offence
               punishable under Sections 498-A, 323, 504, 506 r/w. Sec. 34 of the
               Indian Penal Code.
               2.    There is a note under the signature of Resource Personnel
               Mr. M. L. Ghule dated 27.04.2026 stating that the Petitioners are
               acquitted by the learned Trial Court by Judgment and order dated
               12.12.2025. Copy of the operative order of the said Judgment is placed
               on record.
               3.    Learned Advocate for Respondent No.2 – Informant submits that
               the Petitioners are acquitted by the learned Trial Court.
               4.    Learned Advocate for the Petitioners has no instructions.
               5.    In view of the above, nothing survives in the Petition and the
               same stands disposed of as become infructuous.




                                                              ( NEERAJ P. DHOTE, J. )
               GGP

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