Patna High Court
Pramod Yadav and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as the criminal proceeding has become infructuous.
Summary
Petitioners Pramod Yadav and Shila Devi filed a petition under Section 498A of the Indian Penal Code seeking to quash the order dated 07.05.2016 that had taken cognizance of the offence and issued summons against them. They argued that the criminal proceeding had become infructuous and therefore the petition should be dismissed. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. The Hon'ble Justice Sunil Dutta Mishra examined the submission that the case was no longer viable. Finding no merit in continuing the petition, the court disposed of the petition as infructuous, effectively dismissing the application for quash.
Issues considered
- Whether the petition for quashing the order under Section 498A IPC is maintainable when the underlying criminal proceeding has become infructuous
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- Section 498A
- quash petition
- infructuous
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50858 of 2018
Arising Out of PS. Case No.-434 Year-2015 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
1. Pramod Yadav S/o Ram Chandra Yadav,
2. Shila Devi W/o Pramod Yadav,
Both are R/o Vill.- Mominpur, P.S.- Sakri, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prity Kumari W/o Manish Kumar Yadav and D/o Dinesh Paswan, R/o Vill.-
Pandaul West, P.S.- Pandaul, District- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
8 05-02-2026 This petition has been filed for quashing of order
dated 07.05.2016 passed by learned J.M., 1st Class, Madhubani
in C.R. Case No.434 of 2015 corresponding to T.R. No.1472 of
2017 whereby and whereunder the court concerned was pleased
to take cognizance and issued summon to the petitioners and
other co-accused person for the offence under Section 498A of
I.P.C.
2. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
3. Learned APP for the State has no objection to this
prayer of the petitioners.
Patna High Court CR. MISC. No.50858 of 2018(8) dt.05-02-2026
2/2
4. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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