Bombay High Court

VINAYAK PARSHURAM PARADKAR AND ANRversusSTATE OF MAHARASHTRA

Disposal: Dismissed
Bench: SANDESH D PATIL

Holding

The petition is dismissed for default as the petitioners failed to appear and did not cause the matter to be listed.

Summary

The petitioners filed a criminal writ petition in 2024 seeking the quashing of FIR No. 1 of 2024 registered at Malvan Police Station for offences under Sections 353, 323, 504 and 34 of the Indian Penal Code. The respondent State, through APP Mrs. Priyanka Rane, informed the Court that a charge‑sheet had already been filed. The petitioners failed to appear before the Court and no steps were taken to circulate the matter for hearing. The Court noted the default of the petitioners and the lack of any representation. Consequently, the Court dismissed the petition for default, without entertaining the merits of the quash petition.

Issues considered

What is the appropriate procedural response when a petitioner fails to appear and does not cause the matter to be listed for hearing?
Can a petition for quashing an FIR be dismissed solely on the ground of default?

Legislation cited

Indian Penal Code, 1860 — s. 323, 34, 353, 504

Subjects

quash FIR
default dismissal
criminal writ petition
IPC sections 353, 323, 504, 34
procedural default

Judgment

                                                                                    64-WP-6110-2024 (CR).doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                         CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL WRIT PETITION NO. 6110 OF 2024

                      Vinayak Parshuram Paradkar & Anr.           …...Petitioners
                              Vs.
                      State of Maharashtra                        …...Respondent
                                                       ...
                      None for Petitioners.
                      Mrs. Priyanka Rane, APP for Respondent-State.
                                                       ...
                                                       CORAM: SANDESH D. PATIL, J.
                                                       DATED: 22nd JUNE 2026.
                      P. C. :

                      1.          The present matter was filed in the year 2024. The prayer is for

                      quashing of FIR No. 1 of 2024 dated 1st January 2024 registered at

                      Malvan Police Station, Sindhudurg for offences punishable under

                      Sections 353, 323, and 504 read with Section 34 of the Indian Penal

                      Code, 1860.

                      2.        The learned APP informs that the charge-sheet has been filed.

                      Since 2024, no efforts have been taken to circulate the matter before

                      this Court. Even today, none is present when the matter is called out.

                      3.        Hence, the petition stands dismissed for default.
TALLE
SHUBHAM
ASHOKRAO
Digitally signed by
TALLE SHUBHAM
ASHOKRAO
Date: 2026.06.22
19:18:04 +0530
                                                                         (SANDESH D. PATIL, J.)

                      Shubham                               1

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