1. The present application u/s.482 of the Code of Criminal Procedure has been preferred by the applicant herein - original accused to quash and set aside the impugned complaint being Criminal Case No.4437 of 2010 pending in the Court of learned Judicial Magistrate, First Class, Vadodara for the offences punishable under Sections 499 read with 500 of the Indian Penal Code as well as the order passed by learned Magistrate directing to issue process against the applicant herein - original accused for the aforesaid offences.
2. After the matter was argued for sometime, Mr.B.S.Patel, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present application. However, he has requested that whatever defences available to the applicant herein under the law be kept open, which may be permitted to be taken by the applicant herein at appropriate stage and at appropriate time before the learned Magistrate.
3. In view of the above, the present application is dismissed as withdrawn. However, it is observed that all the defences, which might be available to the applicant herein under the law are kept open and it will always be open for the applicant herein to take the defences, which are available to her at appropriate stage and at appropriate time before the learned Magistrate, which shall be considered in accordance with law and on merits. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti Top