Withdrawal of a quashing petition was permitted with express liberty to re-approach upon filing of a final police report under Section 173(2) CrPC. The Court maintains established procedural practice, reaffirming existing law without creating new substantive precedent; binding on subordinate courts in similar circumstances in Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/4430/2024 of TIRUPATI ROADWAYS FIRM Vs STATE OF HARYANA AND ANOTHER |
| CNR | PHHC010108202024 |
| Date of Registration | 24-01-2024 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MR. JUSTICE JASJIT SINGH BEDI |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Procedural; binding within jurisdiction on similar facts |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether a petitioner may withdraw a petition under Section 482 CrPC with liberty to file afresh if a police report under Section 173(2) CrPC is submitted inculpating the petitioner |
| Ratio Decidendi |
The High Court allowed the withdrawal of the petition seeking quashing of proceedings, expressly granting liberty to the petitioner to re-approach the Court should a final police report under Section 173(2) CrPC name (inculpate) them. This approach aligns with well-established procedural norms, ensuring that parties are not prejudiced by premature petitions when investigation is ongoing. The matter is not adjudicated on merits but disposed of on request, safeguarding the petitioner’s remedy. No new substantive law is created. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana on the procedural question of withdrawal with liberty in criminal quashing matters. |
| Persuasive For | Other High Courts regarding procedural propriety. |
What’s New / What Lawyers Should Note
- Withdrawal of quashing petitions can be permissibly sought before a final police report is filed, with express liberty to re-approach if the report is adverse.
- The Court will dispose such petitions as withdrawn without entering into merits, provided the liberty is clearly recorded.
- Counsel should be explicit in oral requests regarding the nature and conditions of withdrawal, ensuring the liberty is reflected in the order.
Summary of Legal Reasoning
- The petitioner’s counsel at the outset requested withdrawal of the petition on the ground that investigation under Section 173(2) CrPC was ongoing.
- The Court, acceding to the prayer, granted liberty for the petitioner to approach the Court afresh if and when a final report inculpating the petitioner is filed.
- The Court’s approach restates the procedural rule that quashing petitions may be withdrawn at an interlocutory stage, without prejudice to future rights, where the final police report has not yet crystallized allegations.
- The case is disposed of without substantive consideration of merits.
Arguments by the Parties
Petitioner
- Sought to withdraw the petition at the very outset.
- Requested liberty to re-approach the Court if a final report under Section 173(2) CrPC named the petitioner.
Respondent (State)
- No substantive arguments recorded in the judgment; the State was represented by counsel.
Factual Background
The petitioner had filed a quashing petition during the pendency of the investigation. At the time of hearing, counsel for the petitioner made an oral request to withdraw the petition, citing the ongoing nature of the investigation and the possibility of being inculpated in the final report under Section 173(2) CrPC. The Court accepted the withdrawal plea and recorded liberty for future action if necessary.
Statutory Analysis
- Section 482 CrPC: Inherent powers of the High Court to quash proceedings.
- Section 173(2) CrPC: Provision relating to the final report by the police on completion of investigation, which could be either exculpatory or inculpatory.
- The Court acknowledged that pre-final-report stages are interlocutory, and the right to approach the High Court under Section 482 CrPC can be preserved by withdrawal with liberty.
Procedural Innovations
- The order explicitly directs the Registry to incorporate additional documents supplied along with the withdrawal application into the case record, ensuring procedural thoroughness.
- Withdrawal with liberty is recorded in open court at the instance of counsel, setting a clear precedent for similar procedural requests at interim stages.
Alert Indicators
- ✔ Precedent Followed – The judgment reaffirmed and followed established procedural law regarding withdrawal of criminal petitions with liberty to file afresh, with no substantive legal departure.