DARSHANABEN PRAKASH PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pandya, the learned Additional Public Prosecutor appearing for the State-respondent waives service of notice of rule for and on behalf of the respondent No.1.

(2.) The facts of this case in brief are as under:-

(3.) Mr. Gupta, the learned counsel appearing for the petitioner submitted that his client had to file the criminal complaint at a point of time when she was absolutely helpless and her children were also minor. He submitted that since the children have attained majority, the Will itself provides that the children would bequeath the properties. He submitted that it is true that there is no provision in the Code, which empowers the learned Magistrate to permit the complainant to withdraw the complaint in a warrant triable case and therefore, in such circumstances, the petitioner seeks to invoke the inherent powers of this Court for the permission to withdraw the complaint.