Patna High Court
Rajesh Kumar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 Cr.P.C. is disposed of as infructuous.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 03-06-2016 that framed charges under Sections 498(A), 494, 341, 323/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against them. They argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. After hearing both sides, the Court held that the application could be disposed of on the ground of infructuity. Consequently, the application was dismissed as infructuous, with no further orders.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the charge‑framing order should be entertained
- Whether the proceedings have become infructuous warranting disposal of the application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 324, 341, 494, 498A
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Proceedings
- Dowry Prohibition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57005 of 2018
Arising Out of PS. Case No.-16 Year-2014 Thana- MAHILA P.S. District- Nalanda
======================================================
1. Rajesh Kumar S/o Late Radhe Krishna Prasad @ Rasho Mahto,
2. Munakka Devi @ Muneshwari Devi W/o Late Radha Krishna Prasad @
Rasho Mahto,
3. Ruby Devi W/o Rajesh Kumar , All are R/o vill.- Bari Pahari, P.S.- Laheri,
District- Nalanda.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Munni Devi D/o Late Ramchandra Prasad, W/o Rajesh Kumar, R/o vill.-
Khoti Pahari, P.S.- Sohsarai, District- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate.
Ms. Seema Kumari, Advocate.
Mr. Dhananjay Kumar, Advocate.
Ms. Srishti Kumari, Advocate.
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
03.06.2016 passed by learned S.D.J.M. Nalanda at Biharsharif
in connection with G.R. No.1045 of 2014 (arising out of Mahila
(Biharsharif) P.S. Case No.16 of 2014) by which charges under
Sections 498(A), 494, 341, 323/34 of the I.P.C. and Section 3/4
of the Dowry Prohibition Act have been framed against the
Patna High Court CR. MISC. No.57005 of 2018(2) dt.12-02-2026
2/2
petitioners.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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