Patna High Court
Vinod KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as the subject matter has become infructuous.
Summary
The petitioner, Vinod Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an interim maintenance order dated 28-03-2018 passed by the Principal Judge of the Family Court, Bettiah. The order required the petitioner to pay Rs. 2,500 per month as maintenance for the respondent (Anjali Soni) and her son, effective from the filing date of the interim maintenance petition. The petitioner argued that the case had become infructuous and therefore the order should be set aside. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's prayer. The Court, after considering the submissions, held that the matter was indeed infructuous and disposed of the petition accordingly.
Issues considered
- Whether the Family Court's interim maintenance order can be quashed under Section 482 Cr.P.C.
- Whether the petition is infructuous, warranting its dismissal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- maintenance
- Family Court
- Section 482 CrPC
- quash order
- infructuous
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60582 of 2018
======================================================
Vinod Kumar S/o Mathura Sah, R/o Nawka Tola, Bairiya, P.S.- Bairiya,
Distt.- West Champaran.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Anjali Soni @ Anjali Kumari W/o Vinod Kumar, D/o Umesh Prasad, R/o
Nawka Tola, Bairiya, P.S.- Bairiya, P.S.- Bairiya, Distt.- West Champaran.
At present Mohalla- Mirja Tola, Ward No. 6, P.S.- Bettiah Town, District-
West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 18-03-2026 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 28.03.2018 passed by the
learned Principal Judge, Family Court, Bettiah, West
Champaran in Maintenance Case No. 308M of 2014 by which
petitioner was directed to pay Rs. 2,500/- per month as ad-
interim maintenance amount for O.P. No. 2 and for her son as
well with effect from the date of filing of interim maintenance
petition dated 17.03.2018 by O.P. No. 2.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
Patna High Court CR. MISC. No.60582 of 2018(2) dt.18-03-2026
2/2
disposed of.
4. Learned A.P.P. for the State has no objection to this
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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