Bombay High Court
MANDAR MADHUKAR PATOLEversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed of as withdrawn.
Summary
The petitioner, Dr. Mandar Madhukar Patole, sought the registration of an FIR in a domestic dispute with his wife, who is the respondent. Multiple family and domestic violence cases are pending in various courts. The High Court expressed disinclination to order FIR registration and directed the petitioner to approach the appropriate forum under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner subsequently sought leave to withdraw the writ petition. The Court disposed of the petition as withdrawn, noting that the appropriate forum will follow due legal procedure if approached.
Issues considered
- Whether the High Court should direct registration of an FIR in the domestic dispute
- Whether the writ petition can be entertained or should be withdrawn
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 175(3)
Subjects
- family dispute
- FIR registration
- writ petition
- BNSS 2023
- Section 175(3)
- withdrawal
Judgment
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2026.07.28 1 26-wp-2935-2026.odt
10:34:12
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2935 OF 2026
Dr.Mandar Madhukar Patole … Petitioner
versus
State of Maharashtra & Ors. … Respondents
……
Mr.Shailesh Chavan for the Petitioner.
Mrs.M.M.Deshmukh, Addl.PP for the Respondent -State.
…...
CORAM : RAVINDRA V. GHUGE, ACJ
&
GAUTAM A. ANKHAD, J.
DATE : 27 JULY, 2026
P.C.:
1. A dispute is brewing between the Petitioner and Respondent
No. 4, wife. There are several cases pending before the Family Court and
the M.M. Courts at Borivali and Vikhroli, as well as domestic violence
cases before the Courts at Borivali and Bandra.
2. We have heard the learned Advocate for the Petitioner
husband, who is a medical practitioner.
Trupti S. Bamne
2 26-wp-2935-2026.odt
3. The Petitioner desires that an FIR be registered. We
expressed our disinclination.
4. The learned Advocate for the Petitioner submits, on
instructions, that the Petitioner would approach the appropriate forum
under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS, 2023). The Petitioner prays for leave to withdraw this Petition.
5. In view of the above, this Writ Petition is disposed off as
withdrawn, on instructions.
6. If the Petitioner approaches the appropriate forum under
Section 175(3) of the BNSS 2023, the concerned authority would follow
the due procedure laid down in law.
7. All contentions of all the stakeholders are kept open.
(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)
Trupti S. Bamne
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