Patna High Court
Abhishek Kumar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application, effectively quashing the earlier order.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 24-12-2014, wherein cognizance under Section 498A of the Indian Penal Code was taken against them. They contended that the matter had been amicably compromised and they no longer wished to pursue the complaint. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court considered the submissions of both counsel and noted the absence of any public interest or legal impediment to the compromise. Accordingly, the Court exercised its inherent powers under Section 482 to dispose of the application. The order was that the criminal miscellaneous application stands disposed of.
Issues considered
- Whether the High Court can quash the order taking cognizance under Section 498A IPC under its inherent powers under Section 482 CrPC when the parties have compromised the dispute.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 498A
Subjects
- Criminal Procedure Code
- Section 482
- Indian Penal Code
- Section 498A
- compromise
- quash order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4705 of 2018
Arising Out of PS. Case No.-1066 Year-2014 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Abhishek Kumar S/o Prem Kumar Singh,
2. Prem Kumar Singh S/o Late Sant Sharma Singh,
3. Kunjan Devi W/o Prem Kumar Singh,
4. Swati Kumari D/o Prem Kumar Singh,
5. Manju Devi @ Manju Mishra W/o Vijay Kumar , All R/o Mohalla- Rampur
Devi Asthan, P.S.- Bahadurpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Rupam Kumari @ Babli, W/o Abhishek Kumar, D/o Satyendra Singh, R/o
Rampur Devi Asthan, P.S.- Bahadurpur, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 23-03-2026 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
24.12.2014 passed by learned J.M. 1st Class, Danapur in
connection with Complaint Case No.1066(C) of 2014 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 the
matter has been compromised between the parties and the
Patna High Court CR. MISC. No.4705 of 2018(6) dt.23-03-2026
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petitioners does not want to press the present petition,
accordingly, prays that the present case may be disposed of.
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.
(Sunil Dutta Mishra, J)
Ritik/-
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