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Patna High Court

VISHAL BHARTIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for quashing the Sessions Court order is dismissed as the FIR sufficiently discloses offences against the petitioner.

Summary

The petitioner, Vishal Bharti, filed an application seeking to quash the order dated 29 January 2021 passed by the Additional District and Sessions Judge in Sessions Trial No. 793 of 2019. The prosecution alleged that after a marriage settlement, the informant had a physical relationship with the petitioner, and subsequently the petitioner refused to marry the informant following the death of the petitioner’s aunt, which delayed the marriage. The petitioner contended that the FIR and the ensuing charge sheet were unfounded and sought relief from the High Court. The Court examined the FIR and observed that it clearly disclosed offences against the petitioner, leaving no ground for interference with the lower court’s order. Consequently, the application for quashing was dismissed. The judgment underscores the High Court’s reluctance to interfere with trial court orders where the FIR establishes prima facie case.

Issues considered

  • What is the appropriate jurisdiction of the High Court to entertain an application for quashing a Sessions Court order?
  • Whether the FIR and the material therein disclose sufficient grounds to sustain the charge against the petitioner, thereby precluding the quash of the Sessions Court order.

Subjects

  • quash petition
  • criminal procedure
  • FIR
  • marriage settlement
  • High Court jurisdiction
  • Sessions Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26185 of 2021
                       Arising Out of PS. Case No.-66 Year-2018 Thana- MAHILA P.S. District- Patna
                 ======================================================
                 VISHAL BHARTI Son of - Late Ashok Kumar Resident of Mohalla -
                 KaushmungMention, P.S. - Gardanibagh, District - Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Manju Kumari Daughter of - Shri Dwarika Prasad Resident of Mohalla -
                 Laxmi enclave Apartment, Flat No. 23, P.S. - Gardanibagh, District - Patna.
                 At Present Resident of Mohalla-

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rohit Kumar
                 For the Opposite Party/s :        Mr.A.G
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   22-01-2026                  Heard the parties.

                                2. This application has been filed for quashing the

                   order dated 29.01.2021 passed in Sessions Trial No. 793 of 2019

                   arising out of Patna Mahila P.S. Case No. 66 of 2018 by the

                   learned Additional District and Sessions Judge-1st, Patna.

                                3. As per the prosecution case, the marriage of the

                   informant was settled with the petitioner and after the settlement

                   of the marriage, the informant developed physical relation with

                   the petitioner at his house. In the meantime, the aunty of the

                   petitioner died and because of the same the marriage was

                   delayed and thereafter, the petitioner denied to marry the

                   informant.
          Patna High Court CR. MISC. No.26185 of 2021(5) dt.22-01-2026
                                                      2/2




                                 4. From the reading of the FIR, it appears that the

                    offences are made out against the petitioner and this Court finds

                    not ground to interfere in the impugned order.

                                 5. Accordingly, this application is dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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