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Patna High Court

Jitendra Kumar SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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