Patna High Court
Md. Shakir @ RajaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 498A
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/-
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