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Bombay High Court

VIJAY KUMAR CHOPRAversusM.D. VORA (HUF) AND ANR

Decided
Disposal
Disposed Off

Holding

A writ petition becomes infructuous and may be withdrawn when the underlying offence is compounded before the Lok Adalat.

Summary

Petitioners Vijay Kumar Chopra filed Writ Petition Nos. 6443 and 6442 seeking relief against respondents. The petitioners later approached the Court requesting withdrawal of both writ petitions, stating that the underlying criminal offences had been compounded before the Lok Adalat. The Court examined whether a writ petition becomes infructuous when the offence is compounded. It held that compounding of the offence extinguishes the basis of the writ, rendering the petitions infructuous. Accordingly, the Court allowed the withdrawal of both writ petitions as infructuous and listed the related criminal applications for hearing on a later date.

Issues considered

  • Whether a writ petition can be withdrawn as infructuous when the underlying offence has been compounded before the Lok Adalat

Subjects

  • withdrawal of writ
  • compounding of offence
  • Lok Adalat
  • infructuous petition
  • criminal appellate jurisdiction

Judgment

                                                                      33.WP-6443.25.DOC




             Digitally signed
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             by PRACHI
PRACHI       PRANESH
PRANESH
NANDIWADEKAR
             NANDIWADEKAR            CRIMINAL APPELLATE JURISDICTION
             Date: 2026.09.08
             18:11:15 +0530
                                      WRIT PETITION NO. 6443 OF 2025

                    Vijay Kumar Chopra                             … Petitioner
                    V/s.
                    Prerna Nimesh Mody & Anr.                      …. Respondents
                                                  WITH
                                   CRIMINAL APPLICATION NO. 368 OF 2025
                    Giriraj Vijayvargiya                           … Applicant
                    V/s.
                    M.D. Vora (HUF) & Anr.                         …. Respondent


                                                  WITH
                                   CRIMINAL APPLICATION NO. 367 OF 2025
                    Giriraj Vijayvargiya                           … Applicant
                    V/s.
                    Prerna Nimesh Mody & Anr.                      …. Respondent
                                                  WITH
                                      WRIT PETITION NO. 6442 OF 2025

                    Vijay Kumar Chopra                             … Petitioner
                    V/s.
                    M.D. Vora (HUF) & Anr.                         …. Respondents
                                             ______________________

                    Mr. Omneel A. Jadhav, for the Petitioner in WP Nos.6443 of 2025
                    & 6443 of 2025.
                    Mr. S. S. Ghag, APP for the Respondent-State.
                                             ______________________




                                                  Page 1
                    PPN
                                                     33.WP-6443.25.DOC




                               CORAM : MADHAV J. JAMDAR, J.
                               DATED : 8 SEPTEMBER 2026
P. C. :-

1.         Learned   counsel    appearing for the Petitioners seeks

withdrawal of Writ Petition No.6443 of 2025 and Writ Petition

No.6442 of 2025 as already offence has been compounded before

the Lok Adalat. Therefore, both the Writ Petitions have become

infructuous.



2.         Accordingly, both the Writ Petitions are allowed to be

withdrawn as infructuous.



3.         List the Criminal Application Nos.368 of 2025 and 367 of

2025 on 6 October 2026.



                                             [MADHAV J. JAMDAR, J.]




                                    Page 2
PPN


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