Patna High Court
MAYA NAND MISHRAversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The petition for quashing the FIR is dismissed as infructuous because the investigation is concluded and a charge‑sheet has been filed.
Summary
The petitioners, members of the Mishra family, filed a petition under Section 482 of the CrPC seeking quash of FIR No. 173 of 2019 registered at Bhairav Asthan PS, which alleged offences under several IPC sections and the Dowry Prohibition Act. The petition argued that the investigation was pending and the FIR was mala fide. During the pendency of the petition, the investigating agency completed its inquiry and filed a charge‑sheet. The Court held that because the investigation had concluded and a charge‑sheet was filed, the quash petition became infructuous. Consequently, the Court dismissed the petition, allowing the petitioners to raise any fresh grounds at a later stage.
Issues considered
- Whether the petition for quashing the FIR is maintainable when the investigation has been completed and a charge‑sheet filed
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 354, 379, 498, 504, 506
Subjects
- quash petition
- criminal procedure
- IPC
- Dowry Prohibition Act
- charge sheet
- infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43126 of 2021
Arising Out of PS. Case No.-173 Year-2019 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
1. MAYA NAND MISHRA SON OF SURYA NARAYAN MISHRA R/O
VILLAGE- PATTI TOLA, P.S- BHAIRAV ASTHAN, DIST-
MADHUBANI
2. RANJU DEVI @ RANJU MISHRA W/O MAYA NAND MISHRA R/O
VILLAGE- PATTI TOLA, P.S- BHAIRAV ASTHAN, DIST-
MADHUBANI
3. NILESH MISHRA @ N. MISHRA SON OF MAYA NAND MISHRA R/O
VILLAGE- PATTI TOLA, P.S- BHAIRAV ASTHAN, DIST-
MADHUBANI
4. SARITA MISHRA @ SARITA D/O MAYA NAND MISHRA R/O
VILLAGE- PATTI TOLA, P.S- BHAIRAV ASTHAN, DIST-
MADHUBANI
5. ARTI MISHRA @ ARTI W/O AKHILESH JHA D/O MAYA NAND
MISHRA R/O VILLAGE- PATTI TOLA, P.S- BHAIRAV ASTHAN, DIST-
MADHUBANI
6. NEETA MISHRA @ NEETA W/O SANJEEV MISHRA D/O MAYA NAND
MISHRA R/O VILLAGE- BADHARA, P.S- RAJ NAGAR, DIST-
MADHUBANI
7. SANJEEV MISHRA @ SANJEEV SON OF SHRAVAN MISHRA R/O
VILLAGE- BADHARA, P.S- RAJNAGAR, DIST- MADHUBANI
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. NILU KUMARI WIFE OF KAMLESH KUMAR MISHRA D/O ANIL
KUMAR JHA RESIDENT OF VILLAGE- NAVTOLA, P.S- LAKHNOUR
(R.S-O.P) , DISTRICT- MADHUBANI
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey No.5
For the Opposite Party/s : Mr.A.G.
For the O.P. No. 02 : Mr. Krishna Chandra.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 03-02-2026 Heard the parties.
2. This application has been filed for quashing of the
Patna High Court CR. MISC. No.43126 of 2021(5) dt.03-02-2026
2/2
FIR bearing Bhairav Asthan P.S. Case No. 173 of 2019
registered for the offence under Sections 341, 323, 354, 379,
498(A), 504, 506 and 34 of the Indian Penal Code and under
Section ¾ of the Dowry Prohibition Act.
3. It has very fairly been submitted by the learned
counsel for the petitioner that during pendency of this quashing
application, the investigation of this case has been concluded
and charge-sheet has been submitted in this case.
4. In view of the above, this application has become
infructuous and accordingly, this application is dismissed with
liberty to the petitioner to raise all the grounds at an appropriate
stage.
(Sandeep Kumar, J)
Vikas/-
U
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