Patna High Court
Shail Devi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous because the criminal case has already been concluded.
Summary
The petitioners sought to quash an order dated 08-11-2016 passed by the Sub‑Divisional Judicial Magistrate, Ara, which had taken cognizance of offences under IPC sections 498A, 328, 307, 34 and Section 3 of the Dowry Prohibition Act. The petition was filed after the criminal case (Case No. 240 of 2016) had already been disposed of on 02-11-2022. The petitioner argued that the petition had become infructuous, and the State’s counsel raised no objection. The Court examined whether a quash petition could proceed when the substantive case was already concluded. Finding that there was no longer any operative order to quash, the Court held the petition to be infructuous and disposed of it. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether a petition for quashing a criminal order is maintainable when the underlying case has already been disposed of?
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 328, 34, 498A
Subjects
- quash petition
- infructuous
- IPC
- Dowry Prohibition Act
- case disposal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1992 of 2018
Arising Out of PS. Case No.-240 Year-2016 Thana- MAHILA P.S. District- Bhojpur
======================================================
1. Shail Devi W/o Rajendra Prasad Srivastava
2. Rajendra Prasad Srivastava S/o Late Brijnandan Prasad
3. Deepak Srivastava S/o Rajendra Prasad Srivastava
All resident of village-Baruhi, P.S.- Sahar, District-Bhojpur, at present Anand
Nagar, Moti Jhill Ara, P.S.-Ara Town, District-Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priti Sinha D/o Ajay Kumar Sinha, R/o Village- Koiel, P.S.- Charpokhari,
District- Bhojpur, at present Piro Ward No. 13, P.S.- Piro, District-Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dilip Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 19-02-2026 This petition has been filed for quashing of order
dated 08.11.2016 passed by learned Sub-Divisional Judicial
Magistrate, Ara in Mahila P.S. Case No. 240 of 2016, G.R. No.
2774 of 2016, Trial No. 4753 of 2016, whereby and whereunder
the court concerned took cognizance against the petitioners
under Sections 498(A), 328, 307, 34 of the Indian Penal Code
and Section ¾ of the Dowry Prohibition Act.
2. From the status report, it appears that the said case
has already been disposed of on 02.11.2022.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.1992 of 2018(6) dt.19-02-2026
2/2
4. Learned APP for the State has no objection to this
prayer of the petitioner.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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