Patna High Court
Kunal KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 CrPC was disposed of as the parties had compromised and the State raised no objection.
Summary
The petitioner Kunal Kumar filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 16-03-2018 of the Additional Chief Judicial Magistrate, Patna, which had taken cognizance of offences under Sections 341, 323, 498A, 307, 313, 504, 506 and 34 of the Indian Penal Code. The petitioner claimed that the matter had been compromised between the parties and he no longer wished to pursue the case. The State of Bihar, through its A.P.P., raised no objection to the petitioner's request. The learned High Court judge considered the submissions and, noting the mutual compromise and lack of opposition, disposed of the application. Consequently, the order of the magistrate was not quashed but the pending application was dismissed, effectively closing the petition.
Issues considered
- Whether the criminal miscellaneous application under Section 482 CrPC for quashing the magistrate's order should be entertained despite the parties' compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 313, 323, 34, 341, 498A, 504, 506
Subjects
- Section 482
- quash order
- compromise
- Criminal Procedure Code
- Indian Penal Code
- High Court
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61064 of 2018
Arising Out of PS. Case No.-336 Year-2016 Thana- PATRAKARNAGAR District- Patna
======================================================
Kunal Kumar S/o Sri Prem Chand Sah, R/o Mohalla- D- 301, Antraksh Green
Plot No. F/7, Sector-50, P.S.- Sector- 49, District- Gautam Budh Nagar, At
present R/o Moh- 356A, Tulsi Path, P.S.- Sri Krishnapur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Manshi, w/o Kunal Kumar, D/o Late Satrudhan Prasad, R/o Mohalla- Tara
Niwas, Mahatma Gandhi Nagar, Rajeev Nagar, P.S.- Kankarbagh, District-
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Pranav Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
16.03.2018 passed by learned Additional Chief Judicial
Magistrate-X, Patna in Patrakar Nagar P.S. Case No.336 of 2016
by which cognizance was taken against the petitioner under
Sections 341, 323, 498A, 307, 313, 504, 506/34 of the I.P.C.
3. Learned counsel for the petitioner submits that the
matter has been compromised between the parties and the
petitioner does not want to press the present petition,
accordingly, prays that the present case may be disposed of.
Patna High Court CR. MISC. No.61064 of 2018(2) dt.16-03-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of.
(Sunil Dutta Mishra, J)
Ritik/-
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