Patna High Court

Harendra PanditversusThe State of Bihar

Decided: 1 May 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The petition for quashing the FIR was dismissed as the trial had progressed beyond the stage where such relief could be granted.

Summary

The petitioners, Harendra Pandit and his wife Lalita Devi, filed a petition seeking the quashing of FIR No. 92 of 2013 lodged by Siwan Mahila Police Station. The petition was filed in 2025, more than a decade after the FIR was registered. The petitioners argued that the FIR should be set aside, but the court noted that charges had already been framed and two witnesses examined, indicating that the trial was well underway. The court held that at such an advanced stage of the criminal proceedings, the prayer for quashing could not be entertained. Consequently, the application for quashing the FIR was dismissed.

Issues considered

What is the appropriate stage for a court to entertain a petition for quashing an FIR under the Criminal Procedure Code?

Subjects

quash FIR
Criminal Procedure Code
stage of trial
petition dismissed
jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40718 of 2025
                      Arising Out of PS. Case No.-92 Year-2013 Thana- MAHILA P.S. District- Siwan
                 ======================================================
           1.     Harendra Pandit S/o Late Jitlal Pandit R/o Village-Sahpur, P.S- G.B Nagar,
                  District-Siwan
           2.    Lalita Devi W/o Harendra Pandit R/o Village- Sahpur , P.S-G.B Nagar ,
                 District-Siwan
                                                                        ... ... Petitioners
                                                Versus
           1.    The State of Bihar
           2.     Soni Kumari W/o Harendra Pandit R/o Village-Tarwara , PS.-GB Nagar ,
                  District-Siwan
                                                                  ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar
                 For the Opposite Party/s :       Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the parties.

                                2. The petitioners are seeking quashing of the First

                   Information Report of Siwan (Sadar) Mahila P.S. Case No. 92 of

                   2013, which was lodged in the year 2013, in the year 2025.

                                3. Upon specific query regarding the stage of the case

                   before the learned court below, learned counsel for the

                   petitioners submitted that now charges have been framed and

                   two witnesses have also been examined.

                                4. In view of the stage of the proceedings before the

                   learned court below, the prayer of the petitioners cannot be

                   acceded.
          Patna High Court CR. MISC. No.40718 of 2025(2) dt.01-05-2026
                                                      2/2




                                 5. This application is dismissed.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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