1. Petition to quash criminal proceedings — Withdrawal sought with reservation of right to raise contentions before trial court. (Para 1 , 2 )
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2026 Supreme(Online)(Ker) 62035
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Saifunnisa – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 4844 OF 2025
Advocates:
For the Appellants/Petitioners: Navaneeth N. Nath, Abhirami S., Abdul Latheef P.M.
For the Respondents: Devadas H Mallan
For the Appellants/Petitioners: Navaneeth N. Nath, Abhirami S., Abdul Latheef P.M.
For the Respondents: Devadas H Mallan
The court permitted the withdrawal of a quashing petition while reserving the petitioner's right to raise contentions and file an application for discharge before the Trial Court, provided charges have not been framed.
Headnote:(A) Criminal Procedure - Quashing of FIR and Final Report - Withdrawal of petition - Liberty granted to the petitioner to raise contentions and file for discharge before the Trial Court. (Para 2, 3)
Issues: Whether the petitioner can withdraw the quashing petition with liberty to seek discharge before the Trial Court.
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2. Submission to withdraw petition with reservation of rights found reasonable and justifiable. (Para 3 )
3. Petitioner withdrawing quashing petition may reserve right to raise all contentions before trial court, including filing discharge application, if charge not framed. (Para 3 )
4. Can a petitioner withdraw a quashing petition while reserving the right to raise contentions before the trial court?
Yes, if charge has not been framed, the petitioner may withdraw the quashing petition and reserve the right to raise all contentions before the trial court, including filing a discharge application. (Para 3 )
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 22nd day of September, 2026
This petition is filed to quash Annexure-A1 First Information Report, Annexure-A2 Final Report and all further proceedings in S.T.No.3672/2023 before the Court of the Judicial First Class Magistrate-I, Tirur (‘Trial Court’, in short), which has originated from Crime No.1097/2023 registered by the Kalpakancherry Police Station, Malappuram.
2. The learned counsel for the petitioner, after arguing for sometime, seeks liberty to withdraw this petition, but by reserving the right of the petitioner to raise all her contentions before the Trial Court, including filing an application for discharge.
3. I find the said submission to be reasonable and justifiable.
In the afore-said circumstances, this petition is dismissed, but by reserving the right of the petitioner to raise all her contentions before the Trial Court, including filing an application for discharge, provided charge has not been framed. If such application is filed, the Trial Court is directed to consider and dispose the application in accordance with law.
