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Patna High Court

Sunil KumarversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of on the ground that the proceeding has become infructuous.

Summary

The petitioner, Sunil Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 11 September 2017 passed by the Sub‑Divisional Judicial Magistrate, Begusarai, which had taken cognizance of a complaint against him under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar, as the opposite party, raised no objection to the petitioner's prayer. The Court, after hearing both sides, agreed that the proceedings were indeed infructuous and therefore ordered the petition to be disposed of. Consequently, the order of the lower court was effectively set aside without further adjudication on the merits.

Issues considered

  • What is the appropriate remedy when a criminal proceeding becomes infructuous?
  • Whether a petition under Section 482 Cr.P.C. for quashing a lower court order is maintainable when the case is infructuous.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Infructuous proceeding
  • Quash petition
  • Section 498A IPC
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58624 of 2018
                  Arising Out of PS. Case No.-2643 Year-2015 Thana- BEGUSARAI COMPLAINT CASE
                                                   District- Begusarai
                 ======================================================
                 Sunil Kumar S/o Ramnath Shah, R/o Vill.- Basopatti, Babhanday Chowk,
                 P.S.- Basopatti, District- Madhubani.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    State Of Bihar
           2.    Puja Kumari W/o Sunil Kumar, D/o Bhola Shah, R/o Choti Balia Bazar,
                 Shitla Asthan, P.S.- Balia, District- Begusarai.

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

3   09-04-2026                    Heard learned counsel for the petitioner 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 dated 11.09.2017 passed by

                   the learned Sub-Divisional Judicial Magistrate, Begusarai in

                   Complaint Case No. 2643 of 2015 by which cognizance was

                   taken against the petitioner under Section 498(A) of the I.P.C.

                   and Section 4 of D.P. Act.

                                3. Learned counsel for the petitioner submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.58624 of 2018(3) dt.09-04-2026
                                                          2/2




                        prayer of the petitioner.

                                     5. Considering the submissions of the learned

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

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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