Patna High Court

Isteyaque KhanversusState Of Bihar and Anr

Decided: 10 February 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that the criminal miscellaneous application is disposed of as the case has become infructuous.

Summary

Isteyaque Khan filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 01‑06‑2018 of the SDJM Motihari, which had taken cognizance of offences under Sections 498A, 323, 504 and 34 of the Indian Penal Code. The petitioner argued that the criminal proceedings had become infructuous and therefore should be dismissed. The State of Bihar raised no objection to the petitioner's prayer. The Court examined the submissions of both counsel and considered whether the case was indeed infructuous warranting disposal. Finding that the proceedings were no longer viable, the Court disposed of the criminal miscellaneous application on the ground of infructuity. Consequently, no further order to quash the original criminal proceedings was required.

Issues considered

Whether the criminal proceedings can be quashed under Section 482 of the Cr.P.C. on the ground that the case has become infructuous

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 323, 34, 498A, 504

Subjects

criminal procedure
Section 482
infructuous
quash order
IPC Section 498A
IPC Section 323
IPC Section 504
IPC Section 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44002 of 2018
                   Arising Out of PS. Case No.-62 Year-2017 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Isteyaque Khan Son of Md. Sahid Khan, resident of Village- Paithan Patti,
                 P.S.- Harsidhi, District- East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    State of Bihar.
           2.    Anjum Ara, Wife of Isteyaque Khan, D/o Md. Izhar Khan, at present
                 residing at Village- Maduni Tola, P.S.- Dhaka, District- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Kant Singh, Advocate.
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

5   10-02-2026                  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

                   01.06.2018 passed by learned S.D.J.M. Motihari in connection

                   with Harsidhi P.S. Case No.62 of 2017, Trial No.1902 of 2018

                   by which cognizance under Section 498(A), 323, 504/34 of the

                   I.P.C. has been taken against the petitioner vide order dated

                   22.12.2017.

                                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.44002 of 2018(5) dt.10-02-2026
                                                          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

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