Patna High Court

Bhagirathi Devi @ Bhagirathi Kumari and AnrversusState Of Bihar and Anr

Decided: 28 January 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition to quash the FIR was dismissed because the case had become infructuous following the acquittal of the accused.

Summary

The petitioners sought quashing of an FIR registered on 23 May 2014 under IPC sections 419, 420, 467, 468 and 471. The court observed that the criminal trial arising from the FIR had already concluded, with the accused being acquitted on 20 December 2024. Since the substantive case was disposed, the FIR had become infructuous. The State had no objection to the petition. Consequently, the High Court disposed of the petition as infructuous, without granting any order to quash the FIR.

Issues considered

Whether an FIR can be quashed when the underlying criminal case has already been disposed and the accused acquitted

Legislation cited

Indian Penal Code — s. 419, 420, 467, 468, 471

Subjects

quash of FIR
infructuous petition
IPC sections 419
IPC section 420
IPC section 467
IPC section 468
IPC section 471
acquittal
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27455 of 2018
                   Arising Out of PS. Case No.-299 Year-2014 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
           1.     Bhagirathi Devi @ Bhagirathi Kumari wife of Brahmdeo Prasad alias
                  Brahmdeo Yadav resident of Village - Kanchangarh, P.O. Banka, P.S.
                  Muffasil, District Munger.
           2.    Brahmdeo Prasad alias Brahmdeo Yadav Son of Late Jharilal Yadav resident
                 of Village - Kanchangarh, P.O. Banka, P.S. Muffasil, District Munger.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Indrajit Kumar alias Bablu Yadav son of Late Kamdeo Prasad Yadav,
                 resident of Village - Kanchangarh, P.O. - Banka, P.S. Muffasil, District
                 Munger.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suman Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   28-01-2026                  This petition has been filed for quashing the F.I.R.

                   bearing Lakhisarai P.S. Case No.299 of 2014 dated 23.05.2014

                   instituted for the offence under Sections 419, 420, 467, 468 and

                   471 of the I.P.C.

                                2. From the office report, it appears that said case

                   pending in the court concerned has already been disposed of and

                   the accused persons have already been acquitted on 20.12.2024.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed of as it has become infructuous.

                                4. Learned APP for the State has no objection to this
           Patna High Court CR. MISC. No.27455 of 2018(4) dt.28-01-2026
                                                       2/2




                     prayer of the petitioners.

                                  5. 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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