Patna High Court
KUNDAN KESHRI @ KUNDAN KUMAR @ KUNDAN KR. KESHRIversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 was disposed as infructuous because the petitioners had already been acquitted in the same case.
Summary
The petitioners, members of the Keshri family, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 14‑12‑2017 that had taken cognizance against them under IPC Sections 323 and 498A and Sections 3 and 4 of the Dowry Prohibition Act. The petitioners argued that they had already been acquitted in the same matter by a judgment dated 18‑04‑2019, rendering the pending order infructuous. The State, represented by an A.P.P., raised no objection to the petitioners' request. The Court examined the report from the Sub‑Divisional Judicial Magistrate confirming the earlier acquittal and found no merit in maintaining the pending order. Consequently, the Court disposed of the application as infructuous, effectively upholding the earlier acquittal.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the earlier order should be entertained when the petitioners have already been acquitted?
Legislation cited
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Acquittal
- Infructuous
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64650 of 2018
Arising Out of PS. Case No.-552 Year-2017 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Kundan Keshri @ Kundan Kumar @ Kundan Kr. Keshri Son of Kush
Prasad Keshri,
2. Kush Prasad Keshri, Son of Late Ghochu Sao.
3. Vidya Devi, Wife of Kush Prasad Keshri,
4. Ranjeet Keshri,
5. Ranjan Keshri, Both Sons of Kush Prasad Keshri and All are resident of
Mohlla- Nadraganj, P.S.- Civil Lines, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Poonam Keshri, Wife of Kundan Keshri, Resident of Mohalla- Nadraganj,
P.S.- Civil Lines, District- Gaya, at present residing at Mohalla- Sati Asthan,
P.S.- Masaurhi, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kuma, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 29-06-2026 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 order dated
14.12.2017 passed by learned SDJM, Masaurhi, in Complaint
Case No.552 (C) of 2017 by which cognizance was taken
against the petitioners under Section 323 and 498A of the I.P.C,
Section 3 & 4 of Dowry Prohibition Act.
3. As per the report submitted by the learned S.D.J.M.
Patna High Court CR. MISC. No.64650 of 2018(3) dt.29-06-2026
2/2
Masaurhi vide letter No.362 dated 08.06.2026, Complaint Case
No.552 (C) of 2017 by which cognizance was taken against the
petitioners under Section 323 and 498A of the I.P.C, Section 3\4
of Dowry Prohibition Act, has already been disposed of as the
petitioners have already been acquitted vide judgment dated
18.04.2019.
4. Learned counsel for the petitioners submits that the
petitioners have already been acquitted and this case has
become infructuous, accordingly, 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)
Utkarsh.K/-
U T
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