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Patna High Court

Ram Baran Prasad and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition was disposed of on the parties' agreement to withdraw it, with no objection from the State.

Summary

The petitioners, a family of Ram Baran Prasad, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 04-12-2017 of the Sub-Divisional Judicial Magistrate, Patna City, which had taken cognizance of offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioners later expressed that they no longer wished to pursue the petition and requested its disposal. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and, finding no opposition, ordered the petition to be disposed of. Consequently, the order of the SDJM was not quashed, but the petition itself was dismissed as the parties agreed to its withdrawal.

Issues considered

  • Whether the petition under Section 482 CrPC seeking quash of the SDJM's order taking cognizance of offences under Section 498A IPC and Section 4 D.P. Act should be entertained.
  • Whether the petition can be withdrawn at the request of the petitioners with the consent of the State.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Section 498A IPC
  • Dowry Prohibition Act
  • withdrawal of petition
  • quash order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61426 of 2018
                  Arising Out of PS. Case No.-95 Year-2017 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Ram Baran Prasad, S/o Ramdhari Yadav,
           2.    Sumo Devi, W/o Ram Baran Prasad,
           3.    Chandra Mauli Kumar @ Mauli Yadav, S/o Ram Baran Prasad,
           4.    Pawan Kumar @ Pawan Yadav, S/o Ram Baran Prasad, All are resident of
                 Village- Masud Bigha, P.O.- Barh P.S.- Barh, District- Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Sulekha Kumari, W/ Jawahar Prasad @ Suman Prasad, R/o Village-
                 Rajatola, P.S.- Khusrupur, Distt- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :     Mr. Sri Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   20-04-2026                    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 04.12.2017 passed by

                   the learned S.D.J.M., Patna City, Patna in C.A. No. 95 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 D.P.

                   Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners do not want to press the petition and pray to dispose
              Patna High Court CR. MISC. No.61426 of 2018(3) dt.20-04-2026
                                                          2/2




                        of the same.

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

                        prayer of the petitioners.

                                     5. Considering the submissions of the learned counsel

                        for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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