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Patna High Court

Sadashiv Kumar @ Sadashiv @ Rajiv KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application was dismissed as withdrawn.

Summary

The petitioner, Sadashiv Kumar, filed an application in a criminal miscellaneous proceeding before the Patna High Court. He later sought permission to withdraw the application, stating that the parties had settled their differences and he no longer wished to pursue the matter. The counsel for the opposite party, Pratima Kumari, was present and consented to the withdrawal. The court considered the request and the consent of the opposite party. It held that the application could be withdrawn and consequently dismissed it as withdrawn. The order was pronounced by Justice Sourendra Pandey on 15 January 2026.

Issues considered

  • Whether a petitioner may withdraw an application in a criminal miscellaneous proceeding after settlement with the opposite party

Subjects

  • withdrawal of application
  • settlement
  • criminal miscellaneous proceeding
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.86510 of 2024

                     Arising Out of PS. Case No.-934 Year-2023 Thana- KATIHAR COMPLAINT CASE
                                                 District- Katihar
                 ======================================================
                 Sadashiv Kumar @ Sadashiv @ Rajiv Kumar, S/o Lalmuni Baitha, Resident
                 of Village- Lakhpura, P.S.- Panjwara, District- Banka.


                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Pratima Kumari, W/o Sadashiv Kumar @ Sadashiv @ Rajiv Kumar, D/o
                 Shiv Chandra Baitha, R/o vill- Lakhpura, P.S.- Sajour, Distt.- Bhagalpur at
                 present R/o Mohalla- Mirchaibari Masjid Road, Ward No. 4, P.S.- Sahayak,
                 Distt.- Katihar.


                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Bimal Kumar, Adv.
                 For the O.P. No. 2      :      Mr. Suresh Prasad Sah, Adv.
                 For the State           :      Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                ORAL ORDER


4   15-01-2026                    Mr. Bimal Kumar, the learned counsel for the

                   petitioner seeks permission to withdraw this application as the

                   parties have settled their differences between them and the

                   petitioner does not want to pursue further.

                                  2. Mr. Suresh Prasad Sah, the learned counsel for the

                   opposite party No. 2 is present and has admitted the aforesaid
            Patna High Court CR. MISC. No.86510 of 2024(4) dt.15-01-2026
                                                        2/2




                      fact.

                                   3. The application stands dismissed as withdrawn.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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