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Patna High Court

GULSHAN KHATOONversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that when a criminal proceeding becomes infructuous, the petition for quashing the cognizance order may be disposed of.

Summary

The petitioners, Gulshan Khatoon and Md. Kausar, filed an application seeking to quash an order dated 25 September 2017 by the Sub-Divisional Judicial Magistrate, Pupri, which had taken cognizance of an alleged offence under Section 498A of the Indian Penal Code against them. They contended that the criminal proceeding had become infructuous and therefore should be dismissed. The State of Bihar, represented by its Additional Public Prosecutor, raised no objection to the petitioners' request. The Court examined whether a petition for quashing could be entertained when the underlying case was no longer viable. Finding that the proceedings were indeed infructuous, the Court disposed of the petition accordingly. Consequently, the order taking cognizance was effectively rendered moot and the petition was closed.

Issues considered

  • Whether the order taking cognizance of an offence under Section 498A IPC can be quashed on the ground that the proceeding has become infructuous

Legislation cited

Subjects

  • Section 498A
  • quash order
  • infructuous proceeding
  • criminal procedure
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22185 of 2018
                    Arising Out of PS. Case No.-67 Year-2017 Thana- SITAMARHI COMPLAINT CASE
                                                    District- Sitamarhi
                 ======================================================
           1.     Gulshan Khatoon W/o Md. Sharifur Rahman R/v- Pandaul Buzurg, P.S.-
                  Nanpur, District- Sitamarhi
           2.    Md. Kausar Son of Md. Sharifur Rahman R/v- Pandaul Buzurg, P.S.-
                 Nanpur, District- Sitamarhi

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Mustari Begam wife of Mahboob Raza, D/o late Md. Yunus All Resident of
                 Village-Pandaul Buzurg, P.S. Nanpur, District- Sitamarhi. at presently
                 residing in Village- Harpurwa, P.S. Bajpatti, District- Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Md. Anisur Rahman, Advocate
                 For the Opposite Party/s :     Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   19-02-2026                  This application has been filed for quashing of order

                   dated 25.09.2017 passed in Complaint Case No.C1-67 of 2017

                   (Tr. No.3450 of 2018) by learned S.D.J.M., Pupri at Sitamarhi

                   by which the court concerned took cognizance for the offence

                   punishable under Section 498A of the I.P.C.                    against the

                   petitioners.

                                2. Learned counsel for the petitioners submits that this

                   case may be disposed of as it has become infructuous.

                                3. Learned APP for the State has no objection to this

                   prayer of the petitioners.
           Patna High Court CR. MISC. No.22185 of 2018(6) dt.19-02-2026
                                                       2/2




                                  4. In view of the above, this petition is disposed of as

                     having become infructuous.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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