Patna High Court
Jyoti Prakash Pandey @ Raju PandeyversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
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