Bombay High Court
VIJAY GORAKH MOHITE AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the writ petition and disposed of it as withdrawn.
Summary
The petitioners filed a criminal writ petition seeking a writ to quash a Domestic Violence Act application (D.V. Application No.09 of 2026) filed before the JMFC, Mhaswas under Section 12 of the Protection of Women from Domestic Violence Act, 2005. During the hearing, the petitioner's counsel requested leave to withdraw the writ petition and to pursue appropriate relief in the trial court. The Court, after considering the request, granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn. No merits of the original relief were adjudicated.
Issues considered
- Whether a criminal writ petition seeking quash of a Domestic Violence Act application can be withdrawn after filing
- Whether the Court has jurisdiction to entertain a withdrawal request in a criminal writ petition
Legislation cited
Subjects
- writ petition
- withdrawal
- Protection of Women from Domestic Violence Act
- criminal appellate jurisdiction
- quash application
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL (912) WP-654.26.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.18
18:52:32 +0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.654 OF 2026
Vijay Gorakh Mohite and ors. : Petitioners.
Versus
The State of Maharashtra and anr. : Respondents.
______________________________________________________
Mr. Bhushan Jadhav for the Petitioners.
Mr. N. B. Patil, APP for the Respondent No.1 – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 18 AUGUST 2026
PC:-
1. Heard Mr. Bhushan Jadhav, learned Advocate for the
Petitioners.
2. By the present Petition, the Petitioners have sought the
following substantive relief
“(a) That this Hon’ble Court may be pleased to issue
an appropriate writ, order or direction in the nature of writ
thereby quashing and setting aside the D. v. Application
No.09 of 2026 filed before Ld. JMFC, Mhaswas, Dist-Satara
u/s. 12 of Protection of Women from Domestic Violence
Act, 2005.”
3. After having the matter for some time, Mr. Bhushan Jadhav,
learned Advocate for the Petitioners, on instructions from the
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(912) WP-654.26.DOCX
Petitioners, seeks leave to withdraw the present Petition with
liberty to file appropriate application as available in terms of law
before the Trial Court.
4. In view of the statement made by Mr. Bhushan Jadhav,
learned Advocate for the Petitioners, leave is granted to withdraw
this Writ Petition.
5. Criminal Writ Petition No.654 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
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