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Patna High Court

YashpalversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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  • Whether a petition filed under Section 482 CrPC for quashing a maintenance order can be withdrawn by the petitioner.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

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
                                                          2/2




                        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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