Created by Fuzzy Cloud

Patna High Court

Shail Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.