Patna High Court
YashpalversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of as the petitioner withdrew his request to quash the maintenance order.
Summary
The petitioner, Yashpal, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a maintenance order dated 24 September 2018, which required him to pay Rs.10,000 per month to his wife and two minor sons. During the hearing on 9 April 2026, the petitioner’s counsel expressed that he no longer wishes to pursue the petition and requested its disposal. The State’s Additional Public Prosecutor had no objection to the petitioner’s request. The Court, after considering the submissions, disposed of the petition, effectively allowing the withdrawal of the application to quash the maintenance order.
Issues considered
- Whether a petition filed under Section 482 CrPC for quashing a maintenance order can be withdrawn by the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- maintenance
- Section 482 CrPC
- quash order
- withdrawal of petition
- family court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67871 of 2018
======================================================
Yashpal Son of Sri Baban Prasad Singh, resident of Village- Rampur Kala
P.O. Rampur Kala, P.S. Khaira, District- Saran.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Vijaya Laxmi @ Lusi, Wife of Yashpal, Resident of Village- Rampur Kala,
P.S.- Khaira, District- Saran, Present Address D/o Krishna Nand Singh,
Samata Colony, Ward No. 28, P.S.- Town Hazipur, District- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 24.09.2018 passed by
the learned Principal Judge, Family Court, Vaishali at Hajipur in
Maintenance Case No. 169 of 2015 by which petitioner was
directed to pay Rs. 10,000/- per month as maintenance
allowance in favour of O.P. No. 2 and her two minor sons from
the month of filing of the case.
3. Learned counsel for the petitioner submits that he
does not want to press the petition and prays to dispose of the
same.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.67871 of 2018(2) dt.09-04-2026
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prayer of the petitioner.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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