Created by Fuzzy Cloud

Patna High Court

Md. Shakir @ RajaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is disposed of as infructuous, and no quash order is granted.

Summary

The petitioner, Md. Shakir @ Raja, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 14 February 2017 passed by the Sub-Divisional Judicial Magistrate, Muzaffarpur, which had taken cognizance of offences under Sections 498A and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner argued that the proceedings had become infructuous and therefore should be dismissed. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The learned High Court Judge considered the submissions of both parties. Concluding that the matter was indeed infructuous, the Court disposed of the application without granting any further relief. The order effectively left the original criminal proceedings untouched but rendered the petition for quashment moot.

Issues considered

  • Whether the criminal proceedings initiated under Sections 498A/34 IPC and Section 4 Dowry Prohibition Act can be quashed under Section 482 CrPC.
  • Whether the petition is infructuous and therefore should be dismissed.

Legislation cited

Subjects

  • Section 482 CrPC
  • quash of criminal proceedings
  • dowry death
  • infructuous petition
  • High Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41477 of 2018
                  Arising Out of PS. Case No.-1409 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Md. Shakir @ Raja S/o Md. Chand, R/o Vill.- Chandwara Road No. 45, P.S.-
                 Town, Muzaffarpur, District- Muzaffarpur.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar.
           2.    Anjum Ara D/o Md. Alauddin W/o Md. Sakir @ Raja, R/o Vill.- Shukhpur,
                 P.S.- Warisnagar, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Gajendra Kumar Singh, Advocate.
                 For the Opposite Party/s :     Mr. Sanjay Kumar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   04-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   14.02.2017 passed by learned S.D.J.M. Muzaffarpur in

                   connection with Complaint Case No.1409 of 2016 by which

                   cognizance under Section 498(A)/34 of the I.P.C. and Section 4

                   of the Dowry Prohibition Act has been taken against the

                   petitioner.

                                 3. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has become infructuous.

                                 4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.41477 of 2018(4) dt.04-02-2026
                                                          2/2




                        prayer of the petitioner.

                                     5. Considering the submissions of learned counsels

                        for the parties, the present Cr. Misc. Application stands disposed

                        of as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

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.