Patna High Court
Ram Baran Prasad and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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- Whether the petition can be withdrawn at the request of the petitioners with the consent of the State.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
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
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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