Patna High Court
Pushpa Giri @ Pushpa Devi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the order was dismissed and the interim stay, if any, was vacated because the trial was near completion.
Summary
The petitioners, Pushpa Giri and others, filed an application seeking to quash an order dated 31 March 2016 passed by the Sub‑Divisional Judicial Magistrate, Danapur, in a case registered under Sections 498A, 323, 341, 504, 506 of the Indian Penal Code and Section 75 of the Dowry Prohibition Act. The opposite party argued that mediation between the parties had failed and that the trial was nearing its conclusion. The High Court considered whether it was appropriate to entertain a quash application when the trial was on the verge of completion. The Court held that, given the advanced stage of the trial, the application could not be allowed to disturb the proceedings. Consequently, the application was dismissed and any interim stay that may have been in place was vacated.
Issues considered
- Whether an application for quashing a lower‑court order should be entertained when the trial is on the verge of completion
Legislation cited
- Dowry Prohibition Act — s. 75
- Indian Penal Code — s. 323, 341, 498A, 504, 506
Subjects
- quash order
- criminal trial
- mediation failure
- stay order
- IPC
- Dowry Prohibition Act
- trial completion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33084 of 2016
Arising Out of PS. Case No.-459 Year-2014 Thana- BIHTA District- Patna
======================================================
1. Pushpa Giri @ Pushpa Devi and Ors W/o Bikram Giri.
2. Sujata Giri, D/o Biran Giri.
3. Priya Giri @ Prava Devi, W/o Biran Giri. All Resident of Village- Saudagar
Sadan, Jagdamba Colony, R.N. College, Hajipur, Vaishali, P.S. Town
Hajipur, District Vaishali.
... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Rekha Giri, W/o Kunal Giri, D/o Lal Babu Giri, presently residing at
Rampur, P.S. Bihta, District Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kishore Thakur
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
For the O.P. No. 02 : Mr. Chhotelal Mishra.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
11 08-01-2026 Heard the parties.
2. This application has been filed for quashing the
order dated 31.03.2016 passed by the learned Sub-Divisional
Judicial Magistrate, Danapur in Bihta P.S. Case No. 459 of 2014
registered for the offence under Sections 498 (A), 323, 341, 504,
506 of the Indian Penal Code and under Section ¾ of the D.P.
Act.
3. It has been submitted by the learned counsel for the
opposite party no. 02 that the mediation between the parties has
failed and the trial of the case has proceeded and it is on the
Patna High Court CR. MISC. No.33084 of 2016(11) dt.08-01-2026
2/2
verge of completion.
4. In view of the fact that the trial of the case is on the
verge of completion, this application is dismissed and the
interim order of stay, if any, is hereby vacated.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…