High Court of Gujarat

NISARAHMED ABDULRAHIM MOMINversusSTATE OF GUJARAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: P M RAVAL

Holding

The Court may permit withdrawal of the application without examining its merits.

Summary

The petitioner, Nisar Ahmed Abdulrahim Momin, filed a criminal miscellaneous application under the Domestic Violence Act. Subsequently, the petitioner’s counsel sought the Court’s permission to withdraw the application. The Court considered whether it could allow the withdrawal without examining the merits. It held that the Court may grant such permission and therefore allowed the withdrawal. The application was consequently disposed of as withdrawn, with no merits being addressed.

Issues considered

Whether the High Court can grant permission to withdraw a criminal miscellaneous application filed under the Domestic Violence Act without adjudicating its merits

Subjects

Domestic ViolenceWithdrawal of ApplicationCriminal Miscellaneous ApplicationProcedural Law

Judgment

          R/CR.MA/26560/2025                                                             ORDER DATED: 06/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


           R/CRIMINAL MISC. APPLICATION (FOR DOMESTIC
                    VIOLENCE) NO. 26560 of 2025

   ================================================
              NISARAHMED ABDULRAHIM MOMIN
                           Versus
                  STATE OF GUJARAT & ANR.
   ================================================
   Appearance:
   MR NK MAJMUDAR(430) for the Applicant(s) No. 1
   MR. ROHAN N MAJMUDAR(14000) for the Applicant(s) No. 1
   MR ROHAN SHAH, APP for the Respondent(s) No. 1
   ================================================

    CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                 Date : 06/07/2026

                                                  ORAL ORDER

              Learned advocate for the applicant, upon instructions, seeks
   permission to withdraw this application.


              Permission, as prayed for, is granted. This application is
   disposed of as withdrawn.


              It is made clear that this Court has not gone into the merits of
   the case.


                                                                                              [ P. M. Raval, J. ]
   hiren/2tss6726


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/07/2026 13:56:11
                                                          Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Domestic Violence"Sign in to search