Patna High Court
Santosh KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as infructuous, resulting in the quashing of the order.
Summary
Santosh Kumar filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 04-04-2018 of the Sub‑Divisional Judicial Magistrate, Madhubani, which had taken cognizance under Section 498(A) of the Indian Penal Code against him and others. The petitioner argued that the proceedings had become infructuous and should be dismissed. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The learned Judge considered the submissions of both counsel and found that the matter was indeed infructuous. Consequently, the Court disposed of the criminal miscellaneous application, effectively leaving the original order quashed by virtue of its futility.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the order is maintainable.
- Whether the proceedings have become infructuous warranting disposal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 498A
Subjects
- Criminal Miscellaneous
- Section 482 CrPC
- Section 498A IPC
- quash order
- infructuous proceedings
- High Court
- Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43957 of 2018
Arising Out of PS. Case No.-211 Year-2017 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Santosh Kumar Son of Baharu Raut, resident of Village- Rakhwari Barai Tola
Ward No. 11 P.S. Rudrapur, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sudha Kumari wife of Santosh Kumar Daughter of Shri Bishambhar Prasad,
resident of Village- Rakhwari Barai Tola P.S. Rudrapur, District-
Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate.
For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 26-03-2026 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
04.04.2018 passed by learned Sub-Divisional Judicial
Magistrate, Madhubani in connection with Complaint Case
No.211(C.R.) of 2017/ T.R. No.2972 of 2017 by which
cognizance under Section 498(A) of the I.P.C. has been taken
against the petitioner and others.
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.43957 of 2018(5) dt.26-03-2026
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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
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