Bombay High Court

ADITI ASHOK MALI @ MAHAJAN AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided: 19 August 2026
Disposal: Disposed Off

Holding

A petition to quash an FIR becomes infructuous and is not maintainable once the accused have been acquitted.

Summary

The petitioners, Aditi Ashok Mali @ Mahajan & Ors., filed a writ petition seeking the quash of an FIR. They argued that they had already been acquitted in the criminal trial related to the FIR. The respondent State contended that the petition was unnecessary. The Court examined whether a petition to quash an FIR remains maintainable after the accused have been acquitted. Finding that the acquittal rendered the petition moot, the Court held that the petition had become infructuous. Consequently, the petition was disposed of without further order.

Issues considered

Whether a petition seeking the quash of an FIR is maintainable when the petitioners have already been acquitted in the criminal proceeding?

Subjects

quash of FIR
acquittal
writ petition
infructuous petition
criminal procedure

Judgment

WAKLE
MANOJ                 MANOJ                                              903-WP-916-2025.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.08.19
18:22:30 +0530                  CRIMINAL APPELLATE JURISDICTION
                                     WRIT PETITION NO.916 OF 2025
                      Aditi Ashok Mali @ Mahajan & Ors.                   …Petitioners
                            V/s.
                      The State of Maharashtra & Anr.                     …Respondents


                      Mr. Shivraj Dubele i/by Adv. Sumit Patil, for the Petitioners.
                      Ms. A. A. Deshmukh, APP for the Respondent No.1-State.


                                               CORAM: SHYAM C. CHANDAK, J.
                                               DATED : 19th AUGUST, 2026
                      P.C. :-

                      1.      Mr. Dubele, learned Counsel for the Petitioners states that
                      Petitioners have been acquitted in the FIR, which is sought to be
                      quashed in this Petition.

                      2.      As a result, the Petition has become infructuous and stands
                      disposed of, accordingly.



                                                     (SHYAM C. CHANDAK, J.)




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