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Patna High Court

MD. ISLAM ALAM @ MD. ISLAM @ ISLAM ALAM and ORSversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The court disposed of the petition under Section 482 CrPC, thereby granting the relief sought to quash the lower court's order.

Summary

The petitioners Md. Islam Alam, Zaibun Nisha and Md. Sarfaraj Alam filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 19-02-2018 passed by the Sub‑Divisional Judicial Magistrate, Bhojpur, which had taken cognizance of offences under Sections 498A and 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. The State of Bihar, as the opposite party, was represented by an Additional Public Prosecutor who raised no objection to the petition. Both parties’ counsel appeared before the Hon’ble Justice Sunil Dutta Mishra. After hearing the submissions, the court found no impediment to disposing of the petition. Consequently, the court disposed of the petition, effectively granting the relief sought. No detailed reasoning on the merits of the quash petition was recorded in the order.

Issues considered

  • Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance under IPC Sections 498A/34 and D.P. Act Section 3 can be quashed under Section 482 CrPC?

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • Quash Order
  • IPC 498A
  • Dowry Prohibition Act
  • High Court
  • Petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57250 of 2018
                      Arising Out of PS. Case No.-82 Year-2017 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
           1.     Md. Islam Alam @ Md. Islam @ Islam Alam Son of Late Mahbub Alam,
           2.    Zaibun Nisha, Wife of Md. Islam Alam,
           3.    Md. Sarfaraj Alam @ Md. Sarfaraj Ralam, Son of Md. Islam Alam, All
                 resident of Quarter No. 26, Road No.1, Gardanibagh, P.S.- Gardanibagh,
                 District- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    State Of Bihar
           2.    Anjum Praveen, Wife of Sarfaraj Alam, D/o Md. Reyajuddin, Resident of
                 Mohalla- Abarpul, P.S.- Ara Town, District- Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sarveshwar Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar – 1, APP
                 ======================================================
                 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 petition has been filed under Section

                   482 Cr.P.C. for quashing the order 19.02.2018 passed by the

                   learned Sub-Divisional Judicial Magistrate, Bhojpur, Ara in

                   connection with Mahila P.S. Case No. 82 of 2017 by which

                   cognizance was taken against the petitioners under Sections

                   498(A)/34 of the I.P.C. and Sections ¾ of the D.P. Act.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed of.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.57250 of 2018(2) dt.12-02-2026
                                                          2/2




                        prayer of the petitioners.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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