Patna High Court
Jitendra Kumar SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous and the order is not quashed.
Summary
Jitendra Kumar Singh filed a petition in the Patna High Court seeking to quash an order dated 30 July 2016 passed by the Sub‑Divisional Judicial Magistrate, Arwal, which had taken cognizance under Section 498(A) of the Indian Penal Code. The petitioner argued that the proceedings had become infructuous. The State, represented by an A.P.P., raised no objection to the petitioner's prayer. After hearing both sides, the Court agreed that the matter was no longer viable and ordered the case to be disposed of as infructuous. Consequently, the petition was dismissed without further adjudication on the merits.
Issues considered
- Whether the order dated 30 July 2016 passed by the Sub‑Divisional Judicial Magistrate can be quashed
- Whether the petition is infructuous and should be disposed of
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- Criminal Law
- Section 498A
- Dowry Death
- Quash Order
- Infructuous Petition
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48430 of 2018
Arising Out of PS. Case No.-153 Year-2016 Thana- JEHANABAD COMPLAINT CASE
District- Jehanabad
======================================================
Jitendra Kumar Singh Son of late Awadh Bihari Singh Resident of Village-
Pothai, P.O. - Basuhara, P.S. Punpun, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Singh W/o Jitendra Singh, R/o Vill.- Jamunipur P.S.- Bihta District-
Patna at present D/o Dhirendra Kumar Singh R/o Vill.- Basatar P.S.- Karpit
District- Arwal.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 04-02-2026 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 30.07.2016 passed by learned Sub-Divisional Judicial
Magistrate, Arwal in Trial No. 1085 of 2018, arising out of
Complaint Case No. 153 of 2016, whereby and whereunder the
Court concerned took cognizance under Section 498(A) of
Indian Penal Code against the petitioner.
3. Learned counsel for the petitioner submits that this
case may be disposed as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.48430 of 2018(4) dt.04-02-2026
2/2
prayer of the petitioner.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of as it has become
infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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