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Patna High Court

Ashish KumarversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition was disposed of as not pressed, thereby terminating the criminal proceeding under Section 498‑A.

Summary

The petitioner, Ashish Kumar, filed a petition under Section 498-A of the Indian Penal Code seeking to quash an order dated 16 June 2017 passed by the Judicial Magistrate‑I, Gaya, which had taken cognizance against him. He stated that he no longer wished to pursue the criminal proceeding. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and noted that the petitioner had voluntarily withdrawn his interest in the case. Consequently, the court disposed of the petition on the ground that the matter was not pressed, effectively closing the proceedings.

Issues considered

  • Whether a petition for quashing a criminal proceeding can be entertained when the petitioner elects not to pursue the case
  • Whether the court may dispose of the petition as ‘not pressed’ without further hearing

Legislation cited

Subjects

  • Criminal Procedure
  • Section 498-A IPC
  • Quash petition
  • Disposal of case
  • Not pressed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47577 of 2018
                  Arising Out of PS. Case No.-1729 Year-2016 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Ashish Kumar Son of Sri Arun Kumar resident of Flat No. 1103, Serena-C-
                 Casabella, Palava City, Kalyan Shil Road, Dombivali, P.S.- Manpada,
                 District- Thane, Mumbai- 421204 Maharastra.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sadhna Swaraj, Wife of Ashish Kumar and Daughter of Subodh Prasad, at
                 present resident of Village- Cherki Bazar, Police Station- Cherki, Bodh
                 Gaya, District- Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ramchandra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

7   26-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for quashing the order

                   dated 16.06.2017 passed by learned Judicial Magistrate-I, Gaya

                   in Tr. No. 178 of 2016/144 of 2018, arising out of Complaint

                   Case No. 1729 of 2016, whereby and whereunder the Court

                   concerned took cognizance u/s 498-A of the Indian Penal Code

                   against the petitioner and others.

                                3. Learned counsel for the petitioner submits that he

                   does not want to pursue this matter, therefore, this case may be

                   disposed of.
            Patna High Court CR. MISC. No.47577 of 2018(7) dt.26-03-2026
                                                        2/2




                                   4. Learned A.P.P. for the State has no objection to this

                      prayer of the petitioner.

                                   5. In view of the submissions of learned counsel for

                      the parties, this case stands disposed of as not pressed.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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