Created by Fuzzy Cloud

Patna High Court

Jyoti Prakash Pandey @ Raju PandeyversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as infructuous because the underlying case has been concluded.

Summary

The petitioner, Jyoti Prakash Pandey, filed a petition in the Patna High Court seeking to quash a Family Court order dated 04‑05‑2018 that directed him to pay monthly maintenance of Rs 10,000 and Rs 20,000 for litigation costs. The petitioner argued that the underlying criminal case (PS case No‑20, 2017) had been disposed of and the accused acquitted on 23‑10‑2019, rendering the maintenance order infructuous. The State and the respondent (the petitioner’s wife, Sandhya Devi) raised no objection to the prayer. The Court examined whether a petition for quashing an order remains maintainable when the parent case is already concluded. Finding that the matter had become moot, the Court disposed of the petition as infructuous. The order effectively leaves the maintenance order unenforced as the case is no longer live.

Issues considered

  • Whether a petition for quashing a maintenance order is maintainable when the original case has been disposed of and the accused acquitted, rendering the petition infructuous.

Subjects

  • maintenance
  • quash order
  • infructuous petition
  • family court order
  • acquittal
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34399 of 2018
                      Arising Out of PS. Case No.-20 Year-2017 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 Jyoti Prakash Pandey @ Raju Pandey son of Sri Awadhesh Kumar Pandey,
                 resident of Village- Karhasi, Police Station- Buxar Muffasil in the District of
                 Buxar.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Sandhya Devi, wife of Jyoti Prakash Pandey @ Raju Pandey, daughter of
                 Shiv Murat Ojha, resident of Village- Dobhara, Police Station- Bihian in the
                 district of Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. S.N.P. Singh, Sr. Advocate
                                                   Mr. S.P. Singh, Advocate
                 For the State           :         Mr. Manoj Kumar – 1, APP
                 For O.P. No.2           :         Mr. Ravindra Kumar, Advocate
                                                   Mr. Amish Kumar, Advocate
                                                   Mr. Ishaan Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner, learned

                   counsel for O.P. No.2 and learned A.P.P. for the State.

                                 2. This petition has been filed for quashing of order

                   dated 04.05.2018 passed by learned Principal Judge, Family

                   Court, Bhojpur, Ara by which the petitioner was directed to

                   make payment of Rs.10,000/- per month as maintenance and

                   Rs.20,000/- for the cost of litigation.

                                 3. From the status report vide letter no.4142 dated

                   30.08.2025 sent by learned Principal District and Sessions

                   Judge, Bhojpur at Ara, it appears that the said case has been
           Patna High Court CR. MISC. No.34399 of 2018(2) dt.28-01-2026
                                                       2/2




                     disposed of and the accused persons have been acquitted on

                     23.10.2019.

                                  4. Learned counsel for the petitioner submits that this

                     case may be disposed of as it has now become infructuous.

                                  5. Learned counsel for the O.P. No.2 and learned APP

                     for the State have no objection to this prayer of the petitioner.

                                  6. In view of the above, this petition is disposed of as

                     having become infructuous.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.