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Patna High Court

Mahesh Kumar and OrsversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as infructuous and withdrawn.

Summary

The petitioners, a group of family members, filed an application in a criminal miscellaneous proceeding. They informed the court that the underlying dispute with the State of Bihar had been settled and that the trial had resulted in their discharge. Consequently, they sought to withdraw the pending application as it had become infructuous. The learned counsel for the petitioners, Mr. Prabhu Narayan Sharma, made this submission before Justice Shailendra Singh. The court accepted the submission and dismissed the application as infructuous and withdrawn. No further orders were made.

Issues considered

  • Whether an application pending before the court can be dismissed as infructuous upon the parties' settlement and discharge

Subjects

  • withdrawal of application
  • infructuous
  • settlement of dispute
  • discharge
  • criminal miscellaneous proceeding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17259 of 2017
                     Arising Out of PS. Case No.-147 Year-2015 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
           1.     Mahesh Kumar Son of Sri Ram Bali Singh
           2.    Ram Bali Singh Son of Late Ram Das Singh
           3.    Lal Pari Devi wife of Sri Ram Bali Singh
           4.    Ganesh Prasad Singh @ Ganesh Kumar, Son of Sri Ram Bali Singh
           5.    Sandhya Devi, wife of Sri Ganesh Prasad Singh
           6.    Sanju Devi daughter of Sri Ram Bali Singh
           7.    Gurhiya Kumari, daughter of Sri Ram Bali Singh, All residents of village
                 Dularpur, Police Station Agiaon in the district of Bhojpur.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar
           2.     Varsha Maurya, wife of Sri Mahesh Kumar and daughter of Rajesh Kumar,
                  presently residing in village Bahera Tola, Police Station – Jagdishpur, in the
                  district of Bhojpur.
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prabhu Narayan Sharma, Adv.
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

6   13-02-2026                      Mr. Prabhu Narayan Sharma, learned counsel
                   appearing for the petitioners submits that in between both the
                   parties, the disputes have been settled and the trial of the
                   petitioners has ended in their discharge, so, the instant
                   application has become infructuous, therefore, the petitioners
                   want to withdraw this application.
                                2. In view of aforesaid submission and prayer, the
                   instant application stands dismissed as being infructuous as well
                   as withdrawn.



                                              (Shailendra Singh, J)
annu/-
U      T


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