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Patna High Court

Pushpa Giri @ Pushpa Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISMISSED

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

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


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