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Patna High Court

Md. Jahid Ali @ Jahid Ali and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is deemed infructuous and is therefore disposed of.

Summary

The petitioners sought to quash an order dated 24 November 2017 passed by the Judicial Magistrate‑I, Katihar, which had taken cognizance of offences under Sections 498(A), 385/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petition argued that the matter had become infructuous. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the prayer. After hearing both sides, the Patna High Court held that the petition was indeed infructuous. Consequently, the court disposed of the petition without further adjudication. The order reflects a procedural disposal rather than a substantive ruling on the merits of the criminal charges.

Issues considered

  • What is the appropriate disposition of a petition for quashing an order when the petition has become infructuous?

Legislation cited

Subjects

  • quash petition
  • criminal procedure
  • IPC
  • Dowry Prohibition Act
  • infructuous
  • high court disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49674 of 2018
                       Arising Out of PS. Case No.-99 Year-2016 Thana- ABADPUR District- Katihar
                 ======================================================
           1.     Md. Jahid Ali @ Jahid Ali S/o Late Yasin Ali,
           2.    Jareda Khatoon W/o Late Yasin Ali,
           3.    Sirajul Haque S/o Late Yasin Ali, All R/o Vill.- Govindpur, P.S.- Abadpur,
                 District- Katihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Putali Khatoon W/o Md. Jahid Ali @ Jahid Ali, D/o Abdul Jabbar, R/o Vill.-
                 Sahapara Bus Stand, Abadpur, P.O. and P.S.- Abadpur, District- Katihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivpujan Sahay, Advocate
                 For the Opposite Party/s :       Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   04-02-2026                     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. This petition has been filed for quashing the order

                   dated 24.11.2017 passed by learned Judicial Magistrate-I,

                   Katihar in Abadpur P.S. Case No. 99 of 2016, corresponding to

                   G.R. No. 3093 of 2016, whereby and whereunder the Court

                   concerned took cognizance under Sections 498(A), 385/34 of

                   Indian Penal Code and Section 4 of the Dowry Prohibition Act

                   against the petitioners.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed as it has become infructuous.
            Patna High Court CR. MISC. No.49674 of 2018(3) dt.04-02-2026
                                                        2/2




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

                      prayer of the petitioners.

                                   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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