Patna High Court
Md. Faiyaz Alam and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
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
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