Patna High Court
Kanti Devi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The case was disposed of as infructuous because the parties had compromised, and no objection was raised by the State.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a criminal order dated 23-08-2016 that had taken cognizance of offences under Sections 498A, 494, 323, 504 and 34 of the Indian Penal Code. The petitioners argued that the matter had become infructuous because both parties had reached a compromise. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the compromise. The High Court, after hearing both sides, held that the compromise rendered the proceedings unnecessary. Consequently, the Court disposed of the petition as infructuous, effectively terminating the criminal proceedings.
Issues considered
- Whether a criminal proceeding can be quashed under Section 482 Cr.P.C. on the ground that the parties have compromised and the case has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 34, 494, 498A, 504
Subjects
- Criminal Procedure
- Section 482
- Compromise
- Quash Order
- High Court
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12324 of 2018
Arising Out of PS. Case No.-8 Year-2015 Thana- BYPASS District- Patna
======================================================
1. Kanti Devi W/o Balmiki Kumar,
2. Saroj Devi W/o Sanjay Kumar
3. Subhadra Devi W/o Gauri Shankar Prasad @ Gauri Shankar,
4. Gauri Shankar Prasad @ Gauri Shankar S/o Late Saryug Prasad,
5. Ashok Kumar S/o Gauri Shankar Prasad @ Gauri Shankar,
6. Rita Devi @ Rita Kumari W/o Ashok Kumar All R/o Mohalla- Bahari
Begumpur, Baskariya Tola, P.S.- Bypass, District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Puja Devi W/o Ashok Kumar D/o Vijay Kumar Chauhan, R/o Nurrudinganj,
P.S.- Malsalami, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 19-02-2026 Heard learned counsel for the petitioners 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 23.08.2016 passed by
the learned Sub-Judge IV-cum-A.C.J.M., Patna City in Bypass
P.S. Case No. 08 of 2015 (G.R. No. 317 of 2015/ Tr. No. 3229
of 2016) by which cognizance was taken against the petitioners
for the offences under Sections 498A, 494, 323, 504/34 of the
I.P.C.
Patna High Court CR. MISC. No.12324 of 2018(6) dt.19-02-2026
2/2
3. Learned counsel for the petitioners submits that this
case has become infructuous as both parties have compromised,
accordingly, the same may be disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…