High Court of Gujarat

SATTARBHAI KALUBHAI QURESHIversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court granted permission to withdraw the petition, disposing of it as withdrawn without addressing the merits.

Summary

The petitioner, Sattarbhai Kalubhai Qureshi, filed a special civil application before the High Court of Gujarat seeking permission to withdraw the petition and to pursue an alternative remedy for compounding the alleged offence. The petitioner’s counsel, Mr. Altaf Y. Charkha, requested the Court’s leave to withdraw, arguing that the matter could be settled before the concerned authority. The Court considered whether it could grant such permission without adjudicating the merits of the case. It held that the Court has the inherent power to allow withdrawal of a petition when the petitioner seeks an alternative remedy. Consequently, the Court granted the petitioner's request, ordered the petition to stand disposed as withdrawn, and expressly noted that it did not examine the substantive issues of the case.

Issues considered

Whether the petitioner may be permitted to withdraw the special civil application and seek an alternative remedy for compounding the offence

Subjects

withdrawal of petitionalternative remedycompounding of offencecivil procedurehigh court order

Judgment

        C/SCA/6884/2025                                                    ORDER DATED: 24/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 6884 of 2025

 ==========================================================
                             SATTARBHAI KALUBHAI QURESHI
                                        Versus
                               STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 MR. ALTAF Y CHARKHA(7271) for the Petitioner(s) No. 1
 MR VAIBHAV SHARMA AGP for the Respondent(s) No. 1,2
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                                          Date : 24/04/2026

                                            ORAL ORDER


          Mr. Altaf Charkha, learned counsel for the petitioner seeks
 permission to withdraw the present petition with a liberty to avail
 alternative           remedy          before         the       concerned            authority          for
 compounding of offence.


          Permission as sought for is granted. The petition stands
 disposed of as withdrawn. It is made clear that this Court has not
 gone into the merits of the case.

                                                               (HEMANT M. PRACHCHHAK,J)
 ANUSRI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 24/04/2026 17:49:27




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