Created by Fuzzy Cloud

Patna High Court

Nandeshwar Rai and OrsversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

The petitioners, a group of relatives, filed a criminal miscellaneous petition against the State of Bihar and Madhusudan Rai. During the proceedings, the petitioners’ counsel informed the court that the parties had reached a compromise, rendering the petition infructuous. The counsel requested that the petition be withdrawn. The court considered the submission and noted that a compromise makes the criminal petition unnecessary. Accordingly, the court dismissed the petition as withdrawn. No substantive merits of the case were examined.

Issues considered

  • Whether a criminal miscellaneous petition can be withdrawn on account of a compromise between the parties?

Subjects

  • compromise
  • withdrawal
  • criminal miscellaneous petition
  • infructuous
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.19797 of 2017
                       Arising Out of PS. Case No.-195 Year-2012 Thana- BIDUPUR District- Vaishali
                 ======================================================
           1.     Nandeshwar Rai, S/o Late Nabudi Rai.
           2.    Chandan Rai, S/o Nandeshwar Rai.
           3.    Ratan Rai @ Ratan Kumar Rai, S/o Nandeshwar Rai.
           4.    Lalan Kumar, S/o Nandeshwar Rai,
           5.    Rampati Devi, W/o Nandeshwar Rai. All resident of Village Majhauli, P.S.
                 Bidupur, District- Vaishali.
                                                                        ... ... Petitioner/s
                                               Versus
           1.    State of Bihar
           2.     Madhusudan Rai, S/o Sri Rajgir Rai, R/o Village Majhauli P.S. Bidupur,
                  District- Vaishali.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Kumar, Adv.
                 For the Opposite Party/s :        Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

4   02-02-2026                  Mr. Ravi Kumar, learned counsel appearing for the

                   petitioners, submits that in the present matter both the parties

                   have entered into a compromise, due to which the instant

                   petition has become infructuous, so, he wants to withdraw this

                   petition.

                                2. Considering the aforesaid submission, the instant

                   criminal miscellaneous petition stands dismissed as withdrawn.



                                              (Shailendra Singh, J)
annu/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.