Patna High Court
Smt. Shila KumariversusThe State of Bihar through the Director General of Police, Bihar at Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The writ petition is disposed after allowing its withdrawal, as the settlement extinguishes the dispute and no further proceedings are warranted.
Summary
Shila Kumari filed a criminal writ petition seeking relief against the State of Bihar and several officials, including LIC Housing Finance Ltd. and Hinduja Finance Ltd., alleging liability over a home loan. The petitioner later reached a settlement with LIC Housing Finance Ltd. (respondents 6‑8) and with Jitendra Kumar (respondent 10), and paid the outstanding amount. She then applied to withdraw the writ petition. The court noted an earlier order requiring the State to inform it about a pending police application by the petitioner and expressed concern that a simple withdrawal might invite further police action. Considering the settlement and the absence of any remaining dispute, the court allowed the withdrawal and disposed of the petition.
Issues considered
- Whether a criminal writ petition can be withdrawn after the parties have reached a settlement.
- Whether the pending police application by the petitioner affects the court’s discretion to allow withdrawal of the writ.
Subjects
- writ petition
- withdrawal
- settlement
- home loan
- LIC Housing Finance
- criminal writ jurisdiction
- police complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1250 of 2025
======================================================
Smt. Shila Kumari, W/O Late Indradeo Chaubey, R/o Mohalla- Aziz Lane,
Mithapur Yarpur, P.S - Jakkanpur, District - Patna, 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Bihar at Patna.
Bihar
2. The District Magistrate, Patna. Bihar
3. Senior Superintendent of Police, Patna. Bihar
4. Sub-Divisional Magistrate, Patna Sadar. Bihar
5. Station House Officer, Jakkanpur Police Station, District- Patna. Bihar
6. Authorized Officer, Life Insurance Corporation Housing Finance Ltd. 4th
Floor, Bihar State Financial Corporation Buildings, Frazer Road, Patna-
800001.
7. Area Manager, LIC Housing Finance Ltd. 4th Floor, Bihar State Financial
Corporation Buildings, Frazer Road, Patna-800001.
8. Managing Director, LIC Housing Finance Limited Having its registrered
office at Bombay Life Building, 2nd floor, 45/47, Veer Nariman Road, Fort
Mumbai ( Maharashtra), PIN- 400001.
9. Hinduja Finance Ltd. 27-A, 2nd Floor, Developed Industrial Estate, Guindy,
Chennai, TamilNadu - 600032
10. Jitendra Kumar S/O late Indradeo Chaubey R/at - Aziz Lane, Mithapur,
Yarpur, Patna - 800001
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharam Deepak Vishwash, Advocate
For the State : Mr. Amit Bhushan, AC to GP-17
For Respondents 6 to 8 : Mr. Puneet Siddhartha, Advocate
For Respondent 10 : Mr. A. Alam, Advocate
Mr. Majid Mahboob Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 22-01-2026 The learned counsel for the petitioner seeks
permission to withdraw the present writ petition.
2. The learned counsel appearing on behalf of LIC
Housing Finance Limited submits that a settlement has been
arrived at between the petitioner and respondent nos. 6 to 8 and
Patna High Court CR. WJC No.1250 of 2025(6) dt.22-01-2026
2/2
the petitioner has made payment to the LIC Housing Finance
Corporation Limited, the liability towards home loan taken from
Hinduja Finance Limited (respondent no.9) which was
subsequently taken over by the LIC Housing Finance Limited.
The learned counsel thus submits that he has no objection for
withdrawal of the present petition, but as this Court ordered on
20.11.2025 directing the learned counsel for the State-
respondents to apprise this Court about the fate of the
application given by the petitioner to the SHO, Jakkankpur
(Annexure-P/10), there is apprehension that if simple
withdrawal is allowed, on that ground further complaint might
be entertained by the police authorities at the instance of the
petitioner against the respondent nos. 6 to 8.
3. When the matter has been settled between the
petitioner and the respondent no.10 on one hand with
respondent nos. 6 to 8 and no dispute remains, naturally the
authorities would take note of this fact.
4. With the aforesaid observations/directions, the
present writ petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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