Patna High Court
Guddu Mishra and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petition is infructuous because the underlying case has been disposed and therefore dismissed.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking quashment of FIR No. 265 of 2017 registered at Kesariya Police Station for offences under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. The learned court concerned reported that the case had already been disposed of on 15 May 2023, resulting in the acquittal of the accused. The petitioners argued that, in view of the final disposal and acquittal, the petition had become infructuous and should be dismissed. The State of Bihar, represented by A.P.P., raised no objection to the prayer. The High Court, after hearing both sides, held that the petition was indeed infructuous and ordered its disposal. Consequently, the petition was dismissed without further hearing.
Issues considered
- Whether a petition under Section 482 CrPC for quashment of an FIR is maintainable when the underlying criminal case has already been disposed and the accused acquitted.
- Whether the court can dismiss such a petition as infructuous.
Legislation cited
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quashment of FIR
- Infructuous petition
- Acquittal
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63042 of 2018
Arising Out of PS. Case No.-265 Year-2017 Thana- KESARIA District- East Champaran
======================================================
1. Guddu Mishra Son of Yagya Nand Mishra.
2. Tuddu Mishr, Son of Yagya Nand Mishra
3. Yagya Nand Mishra, Son of Late Raja Nand Mishra.
4. Bindhachal Mishra, Son of Late Raja Nand Mishra.
5. Nirmala Devi, Wife of Yagyanand Mishra. All Resident of Village-
Sangrampur, Mishra Tola, P.S.-Sangrampur, District-East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Tiwari, Advocate
For the Opposite Party/s : Mr. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-06-2026 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 F.I.R. of Kesariya P.S. Case No.
265 of 2017 instituted for the offences punishable under Section
498 A of the I.P.C. and Section ¾ of the D.P. Act.
3. As per the report of the learned Court concerned,
vide Letter No. 89 dated 20.05.2026, Kesariya P.S. Case No.
265 of 2017 has already been disposed of on 15.05.2023 and the
accused persons have been acquitted.
4. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.63042 of 2018(3) dt.22-06-2026
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case has become infructuous, accordingly, the same may be
disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Considering the submissions of the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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