Patna High Court
Amit Sinha and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Criminal Procedure Code — s. 245
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
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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