Created by Fuzzy Cloud

Patna High Court

Md. Faiyaz Alam and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed and the proceedings are disposed of as infructuous.

Summary

The petitioners filed a petition under Section 482 CrPC seeking to quash an order dated 25 November 2016 passed by the Additional Chief Judicial Magistrate, Nawada, which had taken cognizance of a complaint under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act against them. The petition argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the prayer. After hearing both sides, the High Court held that the petition was indeed infructuous and ordered the case to be disposed of. Consequently, the order of the lower court was effectively set aside and the proceedings were terminated.

Issues considered

  • Whether the order of the Additional Chief Judicial Magistrate taking cognizance under Sec. 498A IPC and Sec. 4 Dowry Prohibition Act can be quashed.
  • Whether the petition is maintainable when the proceedings have become infructuous.

Legislation cited

Subjects

  • dowry prohibition
  • Section 498A
  • quash order
  • infructuous proceedings
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52287 of 2018
                    Arising Out of PS. Case No.-691 Year-2016 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
           1.     Md. Faiyaz Alam Son of Md. Navijan,
           2.    Md. Navijan @ Navijan, Son of Late Kudrat Mian,
           3.    Shahnaj Vano @ Bauni, W/o Md. Navijan, null
           4.    Akbari Khatoon, D/o Md. Navijan,
           5.    Md. Chhotu Alam @ Md. Sadam Alam, S/o Md. Navijan,
           6.    Md. Ajaz Alam, S/o Md. Navijan,
           7.    Md. Shahjad Alam @ Shahjad Alam, S/o Md. Navijan,
           8.    Md. Shahrukh Alam @ Md. Sahrukh, S/o Md. Navijan, All R/o Village-
                 Farha, P.S.- Akbarpur, Dist- Nawada.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Kahkasha Parveen, W/o Faiyaz Alam, R/o Village- Roh, P.S.- Roh, Dist-
                 Nawada at present D/o Md. Ajijuddin, R/o Village- Farha, P.S.- Akbarpur,
                 Dist- Nawada.

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

4   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 25.11.2016 passed by learned Additional Chief Judicial

                   Magistrate-III, Nawada in Complaint Case No. 691 of 2016,

                   whereby and whereunder the Court concerned took cognizance

                   under Section 498(A) of Indian Penal Code and Section 4 of
            Patna High Court CR. MISC. No.52287 of 2018(4) dt.04-02-2026
                                                        2/2




                      Dowry Prohibition Act against the petitioners.

                                   3. Learned counsel for the petitioners 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

                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.