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Patna High Court

Pramod Yadav and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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