High Court of Gujarat
NISARAHMED ABDULRAHIM MOMINversusSTATE OF GUJARAT
- Decided
- 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 The application was consequently disposed of as withdrawn, with no merits being addressed.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 Violence
- Withdrawal of Application
- Criminal Miscellaneous Application
- Procedural 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
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NISARAHMED ABDULRAHIM MOMIN
Versus
STATE OF GUJARAT & ANR.
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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
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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disposed of as withdrawn.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
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