Bombay High Court

VIVEK ATMARAM KELUSKAR AND ANRversusRASHMI RAJESH SAWARDEKAR AND ANR

Decided: 9 September 2026
Disposal: Dismissed

Holding

The petition is dismissed as infructuous because the trial has already commenced.

Summary

The petitioners sought to quash FIR No. I-159 of 2016 alleging an offence under Section 420 read with Section 34 of the Indian Penal Code. The petition was filed after the charge‑sheet had been filed, charges were framed and the trial had commenced. The petitioners were not present when the matter was called before the court. The court held that because the trial was already underway, the petition had become infructuous and could not be entertained. Consequently, the petition was dismissed without any adjudication on the merits.

Issues considered

Whether a petition for quashing an FIR under IPC 420 r/w 34 can be entertained after the charge‑sheet is filed and the trial has commenced

Legislation cited

Indian Penal Code, 1860 — s. 34, 420

Subjects

quash petition
criminal procedure
infructuous petition
IPC 420
trial commencement

Judgment

                                                                      3-WP-3183-2016.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 3183 OF 2016

       Vivek Atmaram Keluskar & Anr.                              .....Petitioners
                        Versus
       Rashmi Rajesh Sawardekar & Anr.                            .....Respondents
                                              .....
       None for the Petitioners.

       Mr. Kumar V. Saste, A.P.P, for the Respondent-State.

       PSI R.D.Shendge attached to Virar Police Station, present.
                                       ..…

                                          CORAM : SANDESH D. PATIL, J.
                                          DATE        : 9th SEPTEMBER 2026


       P.C.:-

       1.         The present petition is filed for quashing of CR No. I-159 of

       2016 registered with the respondent No. 1 for the offence punishable

       under Section 420 r/w 34 of the Indian Penal Code.


       2.         None remained present for the petitioner when the matter was

       called in the morning session.            None remained present for the

       petitioner when the matter was kept back and was called in the

       second session.


       3.         The learned APP, Mr. Saste, informs that the charge-sheet is

       Wakodikar                                                                     1/2
            Digitally signed
RUPALI      by RUPALI
            RAJESH
RAJESH      WAKODIKAR
WAKODIKAR   Date: 2026.09.09
            18:15:56 +0530
                                                           3-WP-3183-2016.doc


filed in this matter, charges are framed, and the trial has commenced.


4.     In view of this, the present petition does not survive, it has

become infructuous.


5.     Hence,   the   petition   is   dismissed   as   having   rendered

infructuous.


6.     Needless to state that all the contentions of all the parties are

kept open and that this Court has not adjudicated upon the merits of

the matter.


                                           (SANDESH D. PATIL, J.)




Wakodikar                                                               2/2

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