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Patna High Court

Amit Sinha and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the petition, allowing the case to be closed on account of the parties' compromise.

Summary

The petitioners Amit Sinha, Kalawati Devi and Manish Sinha filed a petition under Section 482 CrPC seeking to quash the order dated 23‑04‑2018 of the Sub‑Divisional Judicial Magistrate, Patna, which had taken cognizance of a complaint under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and had rejected their application for discharge under Section 245 CrPC. The petitioners contended that the matter had been settled by compromise between the parties and therefore the criminal proceedings should be disposed of. The State opposed the petition, while the second respondent, Sangita Kumari (wife of Amit Sinha), was represented separately. After hearing the parties, the High Court observed that the compromise rendered further continuation of the criminal case unnecessary. Consequently, the Court disposed of the petition, effectively granting the relief sought by the petitioners. No interim orders were retained.

Issues considered

  • Whether a criminal case instituted under Section 498A IPC and Section 4 Dowry Prohibition Act can be quashed on the ground of compromise between the parties.
  • Whether the rejection of an application for discharge under Section 245 CrPC can be set aside when the parties have settled the dispute.

Legislation cited

Subjects

  • Section 498A IPC
  • Dowry Prohibition Act
  • Compromise
  • Quash petition
  • Criminal Procedure Code
  • Discharge under Section 245

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32054 of 2018
                  Arising Out of PS. Case No.-638 Year-2012 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Amit Sinha S/o Late Ramjee Prasad Sinha, R/o Block 29, Gali 14, Dev
                  Nagar , P.S.- Karolbagh, New Delhi-110005.
           2.    Kalawati Devi W/o Late Ramjee Prasad Sinha, R/o Maa Mundeshwari
                 Place, Raghunath Tola, Block No.-B, Flat No.304, Anishabad, P.S.-
                 Gardanibagh, Distt.- Patna-800002.
           3.    Manish Sinha S/o Late Ramjee Prasad Sinha, R/o R/o Maa Mundeshwari
                 Place, Raghunath Tola, Block No. -B, Flat No.304, Anishabad, P.S.-
                 Gardanibagh, Distt.- Patna-800002.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sangita Kumari @ Bunty W/o Amit Sinha, D/o Surendra Prasad, R/o House
                 No. JKS D/19, Baidnath Mahto Marg, Old Jakanpur, P.S.- Jakanpur, Distt.-
                 Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Rakesh Kumar, Advocate
                 For the State          :        Dr. Mrityunjaya Kr.Gautam, APP
                 For the O.P. No. 2     :        Mr. Prakash Chandra Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

5   12-02-2026                      Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. This petition has been filed for quashing of the

                   order dated 23.04.2018 passed by learned Sub-Divisional

                   Judicial Magistrate, Patna in Complaint Case No. 638(C) of

                   2012, whereby and whereunder the Court concerned took

                   cognizance under Section 498A of Indian Penal Code and

                   Section 4 of the Dowry Prohibition Act against the petitioners
            Patna High Court CR. MISC. No.32054 of 2018(5) dt.12-02-2026
                                                        2/2




                      and their application for discharge under Section 245 Cr.P.C. has

                      been rejected.

                                   3. Learned counsel for the petitioners submits that

                      since both the parties have compromised the case, therefore,

                      this case may be disposed.

                                   4. In view of the submissions of learned counsel for

                      the petitioners, this case stands disposed of.

                                   5. Interim order, if any, stands disposed of.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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