Bombay High Court

RAJENDRA RADHAKISHAN RAUTversusSULAKSHANA RAJENDRA RAUT AND ANOTHER

Disposal: Withdrawn

Holding

The court held that the criminal writ petition may be withdrawn and the pending proceedings dismissed as withdrawn.

Summary

The petitioner, Sulakshana, filed Criminal Application No.2760 of 2026 and Criminal Writ Petition No.113 of 2026 against her husband. The parties subsequently settled the dispute amicably, and the petitioner, through counsel, expressed a desire to discontinue the proceedings. The learned counsel requested the court to permit withdrawal of the criminal writ petition. The bench examined whether a criminal writ petition can be withdrawn after filing, noting that criminal proceedings may be discontinued with the complainant's consent and the court's approval. The court allowed the withdrawal and dismissed both the pending criminal application and the writ petition as withdrawn, reflecting the principle that a criminal proceeding may be terminated when the complainant no longer wishes to prosecute, subject to judicial discretion.

Issues considered

Whether a criminal writ petition may be withdrawn by the petitioner after filing
Whether the court can dismiss pending criminal application and writ petition as withdrawn

Subjects

criminal procedure
withdrawal of criminal proceedings
settlement
writ petition
court discretion

Judgment

                                  1             appln2760.26 call papers



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO. 2760 OF 2026
                                  IN
                CRIMINAL WRIT PETITION NO. 113 OF 2026

                  SULAKSHANA W/O REJDNERA RAUT
                                 VERSUS
                 REJENDRA S/O RADHAKISHAN RAUT
                                    …
      Advocate for the Applicant : Mr. D.A. Madake & Mr. P.V. Salve
                APP for Respondents/State : Mr.D.J. Patil
                                    …


                               CORAM : HITEN S. VENEGAVKAR, J.
                               DATE : 07.09.2026
PER COURT :


1.            Not on board, after mentioning taken on board.


2.            The learned Advocate for the applicant submits that the
parties have settled the matter between themselves amicably and
therefore the applicant does not wish to prosecute the present
proceeding.


3.            At the request of the learned Advocate for the applicant, on
instructions, submits that the Criminal Writ Petition be allowed to be
withdrawn.


4.            The pending Criminal Application and the Criminal Writ
Petition are dismissed as withdrawn.



                                       (HITEN S. VENEGAVKAR, J.)

mahajansb/

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