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Patna High Court

Varun Kumar and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The High Court exercised its inherent powers under Section 482 CrPC and set aside the order of the SDJM taking cognizance of the offences.

Summary

The petitioners Varun Kumar, Lala Prasad Sao and Uma Devi filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01‑03‑2016 passed by the Sub‑Divisional Judicial Magistrate, Patna, which had taken cognizance of offences under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. The State of Bihar, as the opposite party, raised no objection to the petition. Both parties’ counsel appeared before the Patna High Court. Considering the submissions and the lack of opposition, the Court disposed of the petition, effectively setting aside the lower court’s order. The decision reflects the Court’s exercise of its inherent powers to prevent abuse of the criminal process.

Issues considered

  • Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance of the offences under Section 498A IPC and Section 3 Dowry Prohibition Act can be quashed under Section 482 CrPC?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Section 498A IPC
  • Dowry Prohibition Act
  • Quash Order
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38660 of 2018
                 Arising Out of PS. Case No.-3697 Year-2015 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Varun Kumar, S/o Sri Lala Prasad Sao,
           2.    Lala Prasad Sao S/o Late Baiju Sao,
           3.    Uma Devi W/o Lala Prasad Sao, All resident of Uma Place, at Biscuit
                 Factory More, Budhya Nagar, Nasariganj Digha, P.S.- Danapur, District-
                 Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Mohi Kumari W/o Sri Varun Kumar D/o Sri Nirbhay Kumar, R/o Mohalla-
                 Budhya Nagar, Nasariganj, Uma Place, Biscuit Factory More P.S.- Danapur ,
                 Distt.-Panta and Parent Place- at Block No.-8 Quarter No.-275, L.I.G.
                 Hanuman Nagar, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Abhay Kumar, Advocate
                 For the Opposite Party/s :     Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   23-03-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order dated 01.03.2016 passed by

                   the learned S.D.J.M., Patna in Complaint Case No. 3697 (C) of

                   2015 by which cognizance was taken against the petitioners for

                   the offences under Section 498A of the I.P.C. and Section ¾ of

                   the Dowry Prohibition Act.

                                3. Learned counsel for the petitioners submits that this
              Patna High Court CR. MISC. No.38660 of 2018(4) dt.23-03-2026
                                                          2/2




                        case may be disposed of.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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