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Bombay High Court

ANAND GOEL(GOYAL)versusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court granted leave to withdraw the petition with liberty to re‑file on the merits.

Summary

The petitioner, Anand Goel (Goyal), filed a criminal writ petition alleging that the matter had been settled. Settlement negotiations subsequently failed, prompting the petitioner to seek the court's permission to withdraw the petition while retaining the right to re‑file on the merits of the same cause of action. The petitioner’s counsel argued that withdrawal was appropriate given the collapse of settlement talks. The court considered whether such a withdrawal could be permitted without prejudice to the petitioner’s future filing. It granted leave and liberty to withdraw the petition, allowing the petitioner to re‑file if desired. Consequently, the petition was formally disposed of as withdrawn.

Issues considered

  • Whether the petitioner may be granted leave to withdraw the criminal writ petition and retain the liberty to re‑file on the merits of the same cause of action

Subjects

  • criminal procedure
  • withdrawal of petition
  • settlement
  • writ petition
  • court discretion

Judgment

SPG                                                       1-WP-1645-2023.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
              CRIMINAL WRIT PETITION NO. 1645 OF 2023


Anand Goel (Goyal)                                        … Petitioner
        Vs.
The State of Maharashtra & Anr.                           ... Respondents

               _______________________________

Mr. Sumit Khanna a/w Mr. Chirag Chainani, Mr. Sachit Makhija i/b Dewani
Associates for the Petitioner.
Mr. A. A. Palkar, APP for the Respondent-State.
                     _______________________________

                   CORAM       : RANJITSINHA RAJA BHONSALE , J.
                   DATED       : 6th FEBRUARY, 2026.

P. C. :-

1)          Learned Advocate for the Petitioner submits that, the present

Petition was filed and proceeded on the basis that the matter has been

settled. As the settlement talks have not fructified, the Learned Advocate

for the Petitioner seeks leave to withdraw the Petition with liberty to file

the Petition on merits on the same cause of action.

2)          Leave and liberty granted.

3)          Petition is disposed of as withdrawn.




                               (RANJITSINHA RAJA BHONSALE, J.)



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