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Patna High Court

Hukum Kumar Singh @ Hukum Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that the petition is infructuous and therefore disposed of, resulting in the quashing of the magistrate's order.

Summary

The petitioners Hukum Kumar Singh, Sunaina Devi, Nitu Kumari and Birendra Kumar filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 11-12-2017 passed by the Sub‑Divisional Judicial Magistrate, Danapur, which had taken cognizance of offences under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. The petition argued that the proceedings had become infructuous and should therefore be dismissed. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the prayer. The Court examined whether the petition under Section 482 was maintainable and whether the claim of infructuity warranted disposal. Relying on the parties’ submissions and the lack of opposition, the Court held that the case was indeed infructuous. Consequently, the order was quashed and the petition was disposed of.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing the magistrate's order is maintainable.
  • Whether the proceedings have become infructuous warranting disposal.
  • Whether the order dated 11‑12‑2017 should be set aside.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Infructuous proceedings
  • Quash order
  • Dowry Prohibition Act
  • Section 498A

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59300 of 2018
                  Arising Out of PS. Case No.-720 Year-2017 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Hukum Kumar Singh @ Hukum Singh S/o Late Shiv Nandan Singh,
           2.    Sunaina Devi W/o Hukum Kumar Singh @ Hukum Singh,
           3.    Nitu Kumari D/o Hukum Kumar Singh, All are R/o Bedauli Hardiya, P.S.-
                 Khiri More, District- Patna.
           4.    Birendra Kumar S/o Late Chandeshwar Singh, R/o Vill.- Dadhapar, P.S.-
                 Paliganj, District- Patna.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Nitu Kumari @ Suhani Kumari D/o Late Sushil Kumar, R/o Vill.-
                 Madhurapur, P.S.- Khiri More, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nihar Nandan Ambasta, Advocate
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, 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 11.12.2017 passed by

                   the learned Sub-Divisional Judicial Magistrate, Danapur in

                   Complaint Case No. 720 (C) of 2017 by which cognizance was

                   taken against the petitioners for the offences under Section 498A

                   of the I.P.C. and Section 4 of the Dowry Prohibition Act.

                                3. Learned counsel for the petitioners submits that this

                   case has become infructuous, accordingly, the same may be
              Patna High Court CR. MISC. No.59300 of 2018(2) dt.16-03-2026
                                                          2/2




                        disposed of.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     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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