Patna High Court
Smt. Rani Devi and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of without granting the relief sought, as the parties consented to its disposal.
Summary
The petitioners, Smt. Rani Devi and Dharmendra Kumar Singh, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07‑08‑2018 that had rejected their earlier petition filed under Section 205 CrPC. The impugned order was passed by the Additional Chief Judicial Magistrate (IX) of Darbhanga in C.R. No. 1525 of 2016. Both parties appeared before the Patna High Court, with Mr. Kumar Praveen representing the petitioners and Mr. Ashok Kumar Singh appearing for the State. The State’s Additional Public Prosecutor expressed no objection to the petitioners’ prayer for disposal of the petition. In view of the unanimous consent of the parties, the Court disposed of the petition without granting the relief sought. No substantive merits were examined as the matter was settled by the parties’ agreement.
Issues considered
- Whether the order rejecting a petition under Section 205 CrPC can be quashed under Section 482 CrPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. Section 205, Section 482
Subjects
- Section 482 CrPC
- Section 205 CrPC
- quash order
- criminal procedure
- petition disposal
- consent of parties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59251 of 2018
Arising Out of PS. Case No.-1525 Year-2016 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
1. Smt. Rani Devi, Wife of Dharmendra Kumar Singh, Secretary, Nav Jyoti
Welfare Society, Permanent resident of Village- Ram Nagar Diara, P.S.-
Athmalgola, District- Patna.
2. Dharmendra Kumar Singh, Son of Late Baidyanath Singh, Treasurer, Nav
Jyoti Welfare Society, Resident of Village- Masaudha, Near Piprahi Block
Office, P.S.- Piprahi, District- Sheohar.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Varun Kumar, Son of Pramod Kumar Jaiswal, Proprietor of Link
Technology, Resident of Mohalla- Shivdhara Chowk Near Bazar Samiti,
P.S.- Sadar Mabbi O.P., Dist- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 16-03-2026 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 dated 07.08.2018 passed by
the learned A.C.J.M. IXth, Darbhanga in C.R. No. 1525 of
2016/ T.R. No. 2270 of 2018 by which petition of the petitioners
filed under Section 205 Cr. P.C. was rejected.
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.59251 of 2018(2) dt.16-03-2026
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prayer of the petitioners.
5. In view of 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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