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Patna High Court

Riya SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as infructuous, and the High Court declines to entertain the request to quash the FTC order.

Summary

Riya Singh filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 22 September 2017 passed by the First‑Tier Court (FTC‑II) Buxar, which had set aside the cognizance taken by the SDJM under Section 498A IPC. The petition argued that the underlying complaint (Case No. 1010C of 2016) had been disposed of on 23 November 2022, rendering the matter infructuous. The State of Bihar, as respondent, raised no objection to the petitioner's request for disposal. The High Court, after hearing counsel, accepted that the case had become infructuous and ordered the petition to be disposed of. Consequently, the High Court did not entertain the request to quash the FTC order, as there was no longer any live controversy.

Issues considered

  • Whether a petition under Section 482 CrPC for quashing an order is maintainable when the underlying criminal case has been disposed and become infructuous.

Legislation cited

Subjects

  • Section 482 CrPC
  • quash petition
  • infructuous case
  • Section 498A IPC
  • criminal revision
  • High Court jurisdiction
  • disposal of case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20557 of 2018
                 Arising Out of PS. Case No.-1010 Year-2016 Thana- BUXAR COMPLAINT CASE District-
                                                          Buxar
                 ======================================================
                 Riya Singh W/o Mirtunjay Singh, D/o Bhupendra Singh, R/o Armal, P.S.-
                 Dhanarua, District- Patna At present Residing at Village- Raghunathpur, P.S.-
                 Brahampur, District- Buxar.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    Mirtunjay Kumar Singh S/o Nawal Kishore Singh, R/o Village- Armal, P.S.-
                 Dhanaura, District- Patna, Bihar, At present Residing at D-29, Sector -22
                 Noeda P.S. District- Gautambudh Nagar Uttar Pradesh.
           3.    Dr. Nawal Kishore Singh S/o Late Bhagawat Singh,
           4.    Smt. Urmila Devi W/o Nawal Kishore Singh, Both R/o Village- Armal, P.S.-
                 Dhanarua, Distt.- Patna, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sudha Chandra, Advocate
                 For the Opposite Party/s :     Mr. Sri Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

5   28-01-2026                     Heard learned counsel for the petitioner 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 22.09.2017 passed by

                   the F.T.C.-II, Buxar in Criminal Revision No. 70 of 2017 and

                   Cr. Revision No. 107 of 2017, arising out of Complaint Case

                   No. 1010(C) of 2016 whereby and whereunder the order dated

                   18.04.2017 taking cognizance by the learned S.D.J.M., Buxar

                   against O.P. Nos. 2 to 4 under Section 498A of the I.P.C. was set

                   aside.
              Patna High Court CR. MISC. No.20557 of 2018(5) dt.28-01-2026
                                                          2/2




                                     3. As per the report, vide letter no. 54 dated

                        24.11.2022 forwarded by the learned District & Sessions Judge,

                        Buxar, Complaint Case No. 1010C of 2016 has been disposed of

                        on 23.11.2022.

                                     4. Learned counsel for the petitioner submits that this

                        case has become infructuous, accordingly, prays for disposal of

                        this case.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsels

                        for the parties and report of the learned Trial Court, this case is

                        disposed of having become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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