Can a High Court Permit Withdrawal of a Quashing Petition at the Admission Stage Without Examining Merits?

Summary

Category	Data
Case Name	SCR.A/3331/2021 of ARCHANBHAI HASMUKHBHAI KAPURIYA PATEL Vs STATE OF GUJARAT
CNR	GJHC240162272021
Decision Date	18-08-2025
Disposal Nature	Petition disposed of as withdrawn
Judgment Author	Honourable Mr. Justice J. C. Doshi
Court	High Court of Gujarat
Bench	Single-Judge Bench
Ratio Decidendi	By consent of the petitioner, the Court allowed withdrawal of the quashing petition at the admission stage. It disposed of the petition as withdrawn and discharged the notice issued to respondents. The Court clarified that it did not examine the merits of the matter. Consequently, no substantive decision on the quashing application was rendered.

High Court may permit withdrawal of a Special Criminal Application (quashing petition) at the admission stage without adjudicating merits.
Withdrawal leaves the underlying petition without any substantive ruling on merits.
Notice to respondents is discharged once petition is withdrawn by leave of the Court.
Petitioners can avoid pursuing full merits of a quashing application by opting for permitted withdrawal.