Patna High Court

Dinesh Kumar GuptaversusState Of Bihar and Anr

Decided: 7 April 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition for quashing the Family Court order was disposed of as not pressed, effectively dismissing the application.

Summary

The petitioner, Dinesh Kumar Gupta, filed a petition under Section 482 CrPC seeking to quash an order dated 21 May 2018 passed by the Principal Judge of the Family Court, Bhojpur, in a maintenance proceeding (Case No. 16 of 2017). The petitioner later expressed that he no longer wishes to pursue the matter. The State of Bihar, as the opposite party, raised no objection to the petitioner's request. Both parties' counsel appeared before the High Court. The Court, noting the lack of prosecution and the mutual consent of the parties, disposed of the petition as not pressed. Consequently, the order of the Family Court remains undisturbed.

Issues considered

What is the appropriate course of action when a petitioner seeks to withdraw a petition for quashing an earlier order?

Subjects

maintenance
family court
quash petition
withdrawal of petition
non-prosecution
civil procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57297 of 2018
                  ======================================================
                  Dinesh Kumar Gupta S/o Jagdish Prasad Gupta, R/o Village Budhwal, P.S.-
                  Godari, District- Rohtas.
                                                                         ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.     Rubi Devi, W/o Sri Dinesh Kumar Gupta, D/o Sri Ram Vilas Prasad, R/o
                   Village Piro, P.S. Piro, District- Bhojpur.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Pankaj Kumar Singh, Advocate
                  For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

3    07-04-2026                     Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. This petition has been filed for quashing the order

                    dated 21.05.2018 passed by learned Principal Judge, Family

                    Court, Bhojpur at Ara in Maintenance Case No. 16 of 2017.

                                 3. Learned counsel for the petitioner submits that he

                    does not want to press this matter, therefore, this case may be

                    disposed of.

                                 4. Learned A.P.P. for the State has no objection to this

                    prayer of the petitioner.

                                 5. In view of the submissions of learned counsel for

                    the parties, this case stands disposed of as not pressed.



                                               (Sunil Dutta Mishra, J)
utkarsh/-
U       T

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