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Patna High Court

Kunal KumarversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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/-

U         T


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