Bombay High Court

PRASHANT SUBHASH SURYAWANSHI AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 24 March 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The writ petitions are dismissed as infructuous because the acquittal of the accused makes the challenge to the FIR moot.

Summary

The petitioners filed writ petitions seeking the quashing of FIR No. I-295/2019 and the accompanying charge sheet. During the hearing, the petitioners and Respondent No.2 produced a copy of an order dated 09.01.2026 in which the accused were acquitted by the Additional Chief Judicial Magistrate, Thane. Both parties agreed that the acquittal rendered the petition to quash the FIR moot. The Court accepted this submission and held that the petitions were infructuous. Consequently, the Court dismissed both writ petitions.

Issues considered

What is the appropriate disposition of a writ petition seeking to quash an FIR when the accused have already been acquitted?

Subjects

quash FIR
infructuous petition
acquittal
writ petition
criminal procedure

Judgment

Gitalaxmi                                                          501-WP-6011-2021+.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                                WRIT PETITION NO. 6011 OF 2021

            Shri. Prashant Subhash Suryawanshi & Ors.        ...Petitioners

                     Versus

            The State of Maharashtra & Anr.                  ...Respondents

                                            WITH
                                WRIT PETITION NO. 372 OF 2023

            Smt. Dhanashri Prashant Suryawanshi
            @ Dhanashri Yuvraj Patil                         ...Petitioner

                     Versus

            The State of Maharashtra & Anr.                  ...Respondents
                                         __________

            Ms. Ayushi Patil (Through VC) a/w Mr. Padmasinh Patil i/b Mr. Sameer
            Prabhakar Mhatre, learned Advocates for the Petitioners.

            Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
            Mr. Onkar A. Wable, learned Advocate for Respondent No. 2.
                                           __________

                                      CORAM : ASHWIN D. BHOBE, J.
                                      DATE : 24th MARCH 2026.

            P.C. :


            1.       Heard Ms. Ayushi Patil, learned Advocate for the Petitioners,
            Mr. Tanveer Khan, learned A.P.P. for the State/Respondent and Mr.
            Onkar Wable, learned Advocate for Respondent No. 2.


            2.       By the present Petitions, the Petitioners had sought for
            quashing of the First Information Report bearing No. I-295/2019
            registered with Kasarwadavli Police Station, Thane and the charge-
                                              Page 1 of 2
Gitalaxmi                                                           501-WP-6011-2021+.doc


            sheet arising out of the said FIR.


            3.    Ms. Ayushi Patil, learned Advocate for the Petitioners and Mr.
            Onkar Wable, learned Advocate for Respondent No. 2 jointly tender
            a photostat copy of the order dated 09.01.2026 passed by the
            learned Additional Chief Judicial Magistrate, Court No. 11, Thane
            in Regular Criminal Case No. 2236/2020, by which the accused
            persons in the aforesaid FIR have been acquitted. Same is taken on
            record and marked as “X” for identification. They therefore submit
            that the challenge in the present Petitions is rendered infructuous.


            4.    Mr. Tanveer Khan, learned A.P.P. for the State/Respondent
            confirms the said statement made by Ms. Ayushi Patil, learned
            Advocate for the Petitioners and Mr. Onkar Wable, learned
            Advocate for Respondent No. 2.


            5.    In view of the statement made by the learned Advocates for
            the Petitioners and Respondent No. 2 and the order dated
            09.01.2026 (X), both these Petitions are dismissed as infructuous.




                                                      [ASHWIN D. BHOBE, J.]

                             Digitally signed
                             by GITALAXMI
                 GITALAXMI   KRISHNA
                 KRISHNA     KOTAWADEKAR
                 KOTAWADEKAR Date:
                             2026.03.25
                             11:33:14 +0530




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