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Bombay High Court

ANKIT KUMAR AND ANRversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as withdrawn upon the petitioners' request.

Summary

The petitioners, Ankit Kumar and another, filed a writ petition in the Bombay High Court seeking the quash of FIR No. 0245/2023 and any related criminal proceedings under Sections 464, 467, 468, 471 and 34 of the Indian Penal Code. They alleged that the FIR was illegal, arbitrary and an abuse of process. After the matter was listed, the petitioners' counsel, Ms. Ashu Bidhuri, applied for a pass and subsequently requested to withdraw the petition. The State's Assistant Public Prosecutor, Mr. Sukanta Karmarkar, did not oppose the withdrawal. The Court, noting the petitioners' clear intention to withdraw and the lack of any objection, dismissed the writ petition as withdrawn. Consequently, no further orders were made regarding the FIR or the substantive relief sought.

Issues considered

  • Whether a writ petition seeking quash of an FIR can be withdrawn by the petitioners at any stage of the proceedings

Legislation cited

Subjects

  • withdrawal of writ petition
  • FIR quash
  • criminal procedure
  • High Court of Bombay
  • Indian Penal Code

Judgment

                                                                                                     12-WP-628-2026.doc



GAYATRI
            Digitally signed
         by GAYATRI
         RAJENDRA
                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA SHIMPI
SHIMPI   Date: 2026.02.16
            19:43:49 +0530

                                                  CRIMINAL APPELLATE JURISDICTION

                                                     WRIT PETITION NO. 628 OF 2026

                               Ankit Kumar & Anr.                                          … Petitioners
                                     V/s.
                               The State of Maharashtra                                    … Respondents
                                                                           ---

                               Ms. Ashu Bidhuri a/w Mr. Nikhil Malik i/b Vinod Kendre and Mr.
                               Govind Mundhe, Advocate for Petitioners.
                               Mr. Sukanta Karmarkar, APP for Respondent – State.
                               Mr. Sanjay Shivaji Rathod – PSI, Uran Police Station, Navi
                               Mumbai.

                                                                           ---

                                                                     CORAM : ASHWIN D. BHOBE, J.
                                                                       DATE      : 12th FEBRUARY, 2026.

                               P.C. :

                               1.               By the present Petition, the Petitioners have sought for

                               the following substantive relief in prayer clauses (a) and (b):-


                                                  “A. Quash and set aside the First Information Report
                                                  bearing No. 0245/2023 dated 11.12.2023, registered with
                                                  Uran Police Station, Navi Mumbai, for the alleged offences
                                                  punishable under Sections 464, 467, 468, 471 and 34 of
                                                  the Indian Penal Code, and all consequential proceedings
                                                  arising therefrom, being illegal, arbitrary and an abuse of
                                                  the process of law;

                                                  B. Quash and set aside any investigation, charge-sheet (if
                                                  filed), criminal prosecution and/or proceedings pending or
                                                  proposed against the Petitioners pursuant to the impugned
                                                  FIR No. 0245/2023;”


                               Gayatri shimpi                          1
                                                           12-WP-628-2026.doc



2.               After having heard the matter for some time, Ms. Ashu

Bidhuri, learned Advocate for the Petitioners, sought a pass over.

After some time at her request this Petition was taken up.



3.               Ms. Ashu Bidhuri, on instructions from the Petitioners,

craves leave to withdraw this Petition.



4.               Mr. Sukanta Karmakar, learned APP for the State, does

not object to the request for withdrawal by Ms. Ashu Bidhuri,

learned Advocate for the Petitioners.



5.               In view of the statement made by Ms. Ashu Bidhuri, on

instructions, this Writ Petition No. 628 of 2026 is dismissed as

withdrawn.



                                              (ASHWIN D. BHOBE, J.)




Gayatri shimpi                     2


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