High Court of Gujarat

DHAVALBHAI DURLABHJIBHAI KAVARversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: VIMAL K VYAS

Holding

The Court allowed the withdrawal of the criminal miscellaneous application, disposing it as withdrawn without addressing the merits.

Summary

The petitioners, Dhavalbhai Durlabhjibhai Kavar and others, filed a criminal miscellaneous application seeking quashing of FIR/Order No. 2886 of 2024. The matter was settled between the parties, and the respondent No.2 was residing with the petitioners. The petitioners, through counsel, requested permission to withdraw the application. The Court, noting the settlement and the request, granted permission to withdraw without examining the merits. Consequently, the application was disposed of as withdrawn and any interim relief was vacated. The order clarified that no substantive merits of the case were considered.

Issues considered

Whether the Court may permit withdrawal of a criminal miscellaneous application seeking quash of FIR/Order after settlement between the parties?

Subjects

criminal procedurewithdrawal of applicationsettlementquash FIRinterim relief vacated

Judgment

           R/CR.MA/2886/2024                                                ORDER DATED: 20/04/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                         FIR/ORDER) NO. 2886 of 2024

     ==========================================================
                        DHAVALBHAI DURLABHJIBHAI KAVAR & ORS.
                                       Versus
                              STATE OF GUJARAT & ANR.
     ==========================================================
     Appearance:
     MR BHARATKUMAR H OZA(12150) for the Applicant(s) No. 1,2,3
     MR JIGAR B OZA(11654) for the Applicant(s) No. 1,2,3
     DS AFF.NOT FILED (N) for the Respondent(s) No. 2
     MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
     ==========================================================

        CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                            Date : 20/04/2026

                                              ORAL ORDER


              Since, the matter has been settled between the parties and
     the respondent No.2 is residing with the present applicants,
     learned advocate Mr. Jigar B. Oza appearing for the applicants,
     upon instructions, seeks permission to withdraw the present
     Criminal Misc. Application.
              Permission, as prayed for, is granted. The present Criminal
     Misc. Application stands disposed of as withdrawn. Notice
     stands discharged.                   Interim relief, if any, stands vacated
     forthwith. However, it is clarified that the Court has not gone
     into the merits of the case.


                                                                                (VIMAL K. VYAS, J)
     AMAR SINGH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 20/04/2026 17:40:11


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