Bombay High Court
ANKIT KUMAR AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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The writ petition is dismissed as withdrawn upon the petitioners' request.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noting the petitioners' clear intention to withdraw and the lack of any objection, dismissed the writ petition as withdrawn.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- Whether a writ petition seeking quash of an FIR can be withdrawn by the petitioners at any stage of the proceedings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
- Indian Penal Code, 1860 — s. 34, 464, 467, 468, 471
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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