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Patna High Court

Ganesh Singh and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is dismissed as infructuous because the dispute has already been settled in the National Lok Adalat.

Summary

The petitioners, Ganesh Singh and Vijay Kumar Rai, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 16 July 2018 that had set aside a trial court judgment. The order in question was issued by the Additional District and Sessions Judge, Gopalganj, in a revision proceeding relating to Complaint Case No.4499 of 2016. The trial court later reported that the matter had been fully resolved through a settlement in the National Lok Adalat on 12 November 2022. The petitioners argued that, because the case was already disposed of, the present application had become infructuous and should be dismissed. The State, represented by an A.P.P., raised no objection to the petitioners’ request. The Court, after considering the submissions and the trial court’s report, held that the application was indeed infructuous and disposed of it without further order.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the underlying case has already been disposed of through a National Lok Adalat settlement.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • National Lok Adalat
  • Infructuous Application
  • Revision
  • Settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64186 of 2018
                  Arising Out of PS. Case No.-4499 Year-2016 Thana- GOPALGANJ COMPLAINT CASE
                                                   District- Gopalganj
                 ======================================================
           1.     Ganesh Singh S/o Late Mahashray Singh resident of Village- Kaithwaliya,
                  P.O. P.S. District- Gopalganj.
           2.    Vijay Kumar Rai, S/o Late Ram Narayan Rai, resident of Ward No. 16,
                 Behind Registry Office, Gopalganj, P.O. P.S. District- Gopalganj.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar.
           2.    Sanjay Rai, S/o Nathuni Rai, resident of Village- Baniyachhapar, P.O. P.S.-
                 Gopalpur, District- Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shailendra Kumar Dwivedi, Advocate.
                 For the Opposite Party/s :    Mr. Dr. Rabindra Kumar, A.P.P.
                 ======================================================
                 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 Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the impugned order

                   dated 16.07.2018 passed by learned Additional District and

                   Sessions Judge-5, Gopalganj in Cr. Revision No.496 of 2017

                   whereby the order dated 28.03.2017 passed by learned A.C.J.M.

                   15th, Gopalganj in Tr. No.1499 of 2017 arising out of Complaint

                   Case No.4499 of 2016 was set aside.

                                3. As per the report submitted by the learned Trial

                   Court vide letter no.1 dated 21.04.2026, the case has already
              Patna High Court CR. MISC. No.64186 of 2018(3) dt.22-06-2026
                                                          2/2




                        been disposed of after settlement between the parties in National

                        Lok Adalat on 12.11.2022.

                                     4. Learned counsel for the petitioners submits that the

                        case has already been disposed of in National Lok Adalat and

                        now this petition has become infructuous, accordingly, he prays

                        that the present case 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 learned counsel for

                        the parties and the report submitted by the concerned Court, the

                        present Cr. Misc. Application stands disposed of having become

                        infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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