Bombay High Court

ASHOK HARISHCHANDRA DIWATEversusSTATE OF MAHARASHTRA

Decided: 10 July 2026
Disposal: Disposed off as Withdrawn
Bench: ASHWIN D BHOBE

Holding

The petition was withdrawn at the petitioner's request and the writ petition was disposed of as withdrawn.

Summary

Petitioner Ashok Harishchandra Diwate filed a criminal writ petition in the Bombay High Court seeking to quash FIR No. 0934/2021 and the accompanying charge sheet for offences under Section 354 of the Indian Penal Code. The petition was taken out of turn at the request of the petitioner's counsel. Subsequently, the petitioner, through his advocate, applied to withdraw the petition after the trial court had framed charges on 6 July 2026. The State's counsel did not oppose the withdrawal. The Court, after noting the petitioner's request, granted leave to withdraw and disposed of the petition as withdrawn.

Issues considered

Whether a criminal writ petition seeking quash of an FIR and charge sheet under Section 354 IPC can be withdrawn by the petitioner after the trial court has framed charges

Legislation cited

Indian Penal Code, 1860 — s. 354

Subjects

criminal writ petition
quash FIR
Section 354 IPC
withdrawal of petition
Bombay High Court

Judgment

                                                                     60 WP-256-2024.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

              CRIMINAL WRIT PETITION NO. 256 OF 2024

Ashok Harishchandra Diwate                          … Petitioner
          Versus
The State of Maharashtra                            … Respondent
                                         ---

Mr. Mahadji Phalke, learned Advocate for Petitioner.
Ms. S. G. Talhar, learned APP for the Respondent/State.
                                ---

                                     CORAM : ASHWIN D. BHOBE, J.
                                       DATE      : 10th JULY, 2026
P.C. :

1.             This Petition is at Serial No. 60 on today’s Daily list.

2.             At 11.00 am Mr. Mahadji Phalke, learned Advocate for

Petitioner, requested for taking up this matter out of turn. At the

request of Mr. Mahadji Phalke, learned Advocate this Petition is

taken out of turn.

3.             By the present Petition, the Petitioner is sought for the

following substantive relief in prayer clauses a and b:

             (a) This Hon’ble Court be pleased to quash the entire FIR

             No. 0934/2021 dated 21/10/2021 registered with Yavat

             Police Station, Pune Rural for the offences punishable


Bharati                        1
                                                                 60 WP-256-2024.doc



          under Section 354 of Indian Penal Code against the

          instant Petitioner.

          (b) This Hon’ble Court be pleased to quash the entire

          Charge sheet dated 11/07/2022 in FIR No. 0934/2021

          dated 21/10/2021 registered with Yavat Police Station,

          Pune Rural for the offences punishable under Section 354

          of Indian Penal Code.

5.          Mr. Mahadji Phalke, learned Advocate for Petitioner, on

instructions from the Petitioner seeks leave to withdraw the

present Petition as charge is framed by the Trial Court on 06 th July,

2026.

6.          Request for withdrawal is not opposed by Ms. S. G.

Talhar, learned APP for the State.



7.          In view of the statement made by Mr. Mahadji Phalke,

learned Advocate for Petitioner, leave is granted to withdraw the

present Petition.

8.          Criminal Writ Petition No. 256 of 2024 is disposed of

as withdrawn.



                                           (ASHWIN D. BHOBE, J.)




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