Can a Quashing Application under Section 482 CrPC Be Withdrawn After Trial Commencement?

 

Summary

Category Data
Case Name R/Criminal Misc Application No. 8119 of 2024 (Vijaybhai Parshoattam Bhai Chauhan & Ors. vs State of Gujarat & Anr.)
CNR GJHC240267572024
Decision Date 18-08-2025
Judgment Author Honourable Mr. Justice Nirzar S. Desai
Court High Court of Gujarat at Ahmedabad
Bench Single Judge
Disposal Nature Application disposed of as withdrawn

What’s New / What Lawyers Should Note

  • The High Court permitted withdrawal of a Section 482 CrPC petition even after trial had commenced.
  • The court expressly clarified that it did not examine the merits of the quashing application.

Summary of Legal Reasoning

  • Applicants’ counsel sought permission to withdraw the quashing petition in view of the trial having already commenced.
  • The court granted the request and disposed of the application as withdrawn, without delving into the substantive issues.

Arguments by the Parties

Petitioner

  • Sought permission to withdraw the quashing application on the ground that the trial had already begun.

Respondent

  • No objections or counter-submissions recorded in the order.

Factual Background

Applicants filed a criminal miscellaneous application under Section 482 CrPC seeking to quash or set aside an FIR/order. Before the High Court could examine the merits, the trial had commenced in the trial court. On that basis, applicants’ counsel requested permission to withdraw the application. The High Court granted permission and disposed of the petition as withdrawn, explicitly stating that it had not addressed the merits.

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