Patna High Court
Shashi Kant Shukla and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 CrPC is dismissed as the proceeding has become infructuous.
Summary
The petitioners, Shashi Kant Shukla and relatives, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 07‑09‑2017 of the Additional Chief Judicial Magistrate‑IV, Saran, which had taken cognizance of a complaint under Section 498A of the Indian Penal Code against them. The petitioners argued that the proceeding had become infructuous and therefore should be set aside. The State, represented by an Additional Public Prosecutor, raised no objection to the prayer. The High Court, after hearing both sides, held that since the matter was no longer capable of further litigation, the application was infructuous and consequently disposed of it. The order effectively left the original criminal proceeding untouched but dismissed the petition to quash it.
Issues considered
- Whether the order of the Additional Chief Judicial Magistrate taking cognizance under Section 498A IPC can be quashed under Section 482 CrPC on the ground that the proceeding has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 498A
Subjects
- Criminal Procedure
- Section 482 CrPC
- Section 498A IPC
- Infructuous proceeding
- Quash order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45979 of 2018
Arising Out of PS. Case No.-814 Year-2017 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
1. Shashi Kant Shukla S/o Harishankar Shukla,
2. Harishankat Shukla, Son of Late Damodar Shukla,
3. Neelam Devi, Wife of Harishankar Shukla, All resident of Village Vishnupur
Titra, P.S.- Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Ranjani Shukla, Wife of Shashi Kant Shukla, daughter of Chandra Bhushan
Singh, resident of Village- Hussepur, P.O.- Rahimpur Karn, P.S.- Mandhora,
District- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kumar, Advocate.
For the Opposite Party/s : Mr. Binod Kumar No.3, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 04-02-2026 Heard learned counsel for the petitioners 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
07.09.2017 passed by learned Additional Chief Judicial
Magistrate-IV, Saran in connection with Complaint Case No.814
of 2017 (Enquiry No.289 of 2017) by which cognizance under
Section 498(A) of the I.P.C. has been taken against the
petitioners.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.45979 of 2018(5) dt.04-02-2026
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case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
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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