Patna High Court

Abdullah KhanversusState Of Bihar and Anr

Decided: 10 February 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition is disposed of as infructuous and no order is granted.

Summary

The petitioner, Abdullah Khan, filed a petition under criminal miscellaneous jurisdiction seeking to quash an order dated 29‑05‑2018 passed by the Additional Sessions Judge, Kaimur, which had set aside an earlier order dated 08‑11‑2017 in a domestic‑violence proceeding and directed the petitioner to pay Rs 5,000 per month to the second respondent. The petitioner argued that the matter had become infructuous, and the State had no objection to the prayer. The learned counsel for both sides concurred that the relief sought was no longer necessary. The Hon’ble Justice Sunil Dutta Mishra, after considering the submissions, held that the petition could be disposed of as it was infructuous. Consequently, the petition was disposed without any further order.

Issues considered

Whether the order passed by the Additional Sessions Judge in the criminal appeal can be quashed

Subjects

quash order
domestic violence
infructuous
criminal appeal
payment order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CRIMINAL MISCELLANEOUS No.48748 of 2018
                 ======================================================
                 Abdullah Khan Son of Nanhe Khan @ Mulla Khan, Resident of Village-
                 Dehra Kalan, P.S.- Saidpur, District- Ghazipur U.P..

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Mubarakan Nisha, Daughter of Raziuddin Khan, resident of Village-
                 Jamalpur Pateri, P.S.- Chand, District- Kaimur at Bhabua.

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

2   10-02-2026                     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 29.05.2018 passed by learned Additional Sessions Judge-

                   I, Kaimur (Bhabua) in Criminal Appeal No. 03 of 2018,

                   whereby and whereunder the order dated 08.11.2017 passed by

                   learned A.C.J.M.-VII, Kaimur (Bhabua) in Case No. 852 of

                   2016 in a proceeding under Prevention of Domestic Violence

                   Act has been completely set aside, but petitioner is directed to

                   pay Rs.5,000/- per month to O.P. No. 2.

                                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.48748 of 2018(2) dt.10-02-2026
                                                        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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