Bombay High Court

VIJAY BHUPAL PATILversusSANDHYA VIJAY PATIL (NEE MS. SANDHYA NAIR)

Decided: 6 August 2026
Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The writ petition was dismissed as infructuous because the Section 125 proceeding had been withdrawn.

Summary

The petitioner filed a writ petition challenging the proceedings of P.E. No. 111/2021, which was instituted by the respondent under Section 125 of the Code of Criminal Procedure, 1973. The petitioner’s counsel submitted that the Section 125 proceeding had been withdrawn, attaching copies of the withdrawal order. The court examined whether the writ petition remained maintainable in view of the withdrawal. Finding that the underlying challenge was no longer viable, the court held the petition to be infructuous. Consequently, the writ petition was disposed of and any interim relief was vacated.

Issues considered

Whether a writ petition challenging a Section 125 proceeding remains maintainable after the underlying proceeding is withdrawn

Legislation cited

Code of Criminal Procedure, 1973 — s. 125

Subjects

Section 125
maintenance
writ petition
infructuous
withdrawal of proceedings
Criminal Appellate Jurisdiction

Judgment

                                                                        9-WP-4651-2025.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 4651 OF 2025
                      Vijay Bhupal Patil                            ...Petitioner
                                Versus
NAVNATH
SITARAM               Sandhya Vijay Patil (Nee Ms. Sandhya Nair)             ...Respondent
WAGHMARE
                                                       ****
Digitally signed by
NAVNATH
                      Mr. Prabhanjan Gujar i/b Siddhi Sabne for the Petitioner.
SITARAM
WAGHMARE              Ms. R. S. Tendulkar APP for the Respondent/State.
Date: 2026.08.06
19:29:26 +0530                                         ****
                                                CORAM : M.M. SATHAYE, J.
                                                    DATE : 06th AUGUST, 2026

                      P.C. :

                      1.          Learned counsel for the Petitioner states on instructions that
                      the main proceeding P.E. No. 111/2021 filed by the Respondent No.1
                      (filed under Section 125 of the Code of Criminal Procedure, 1973) has
                      been withdrawn. He placed on record xerox copies of proceedings and
                      order, which are taken on record and marked 'X' for identification. He
                      submitted that therefore, the challenge had become infructuous.
                      2.          In view of above, writ petition is disposed of as infructous.
                      Interim/ ad interim relief, if any, stands vacated.


                                                               (M.M. SATHAYE, J.)




                      Navnath Waghmare                                                       1

Continue reading with your account

Checking your session…