Patna High Court
Dr. Kavita Kusum and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application, holding that the case had become infructuous following the petitioners' acquittal.
Summary
Dr. Kavita Kusum and Dr. Mridul Kumar Jha filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 08.01.2018 that had taken cognizance of offences under Sections 304A, 323, 341, 465 and 34 of the Indian Penal Code. The petitioners had been acquitted of all charges on 29 September 2022, and the State raised no objection to their request for disposal. The High Court, after considering the parties' submissions and the trial court’s report confirming the acquittal, held that the proceeding had become infructuous. Consequently, the Court disposed of the criminal miscellaneous application. The order underscores that once acquitted, a criminal proceeding can be deemed infructuous and may be dismissed under Section 482.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC can be entertained to quash an order when the accused have already been acquitted.
- Whether the proceeding is infructuous and should be disposed of after acquittal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 304A, 323, 34, 341, 465
Subjects
- criminal procedure
- Section 482
- quash petition
- acquittal
- infructuous case
- criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65709 of 2018
Arising Out of PS. Case No.-7 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
1. Dr. Kavita Kusum Wife of Mirdul Kumar Jha,
2. Dr. Mridul Kumar Jha, Son of Umesh Jha, Resident of Village- Mona Health
Care, Dalsingsarai Loknathpur, Ganj Ward No.12, Sarkari Aspatal Gate Ke
Bagal Mai, Uttar Taraf, P.S.- Dalsingsarai, District- Samastipur Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Shila Devi, Wife of Prem Kumar Paswan, Resident of Village- Pathaili, P.S.-
Ujiarpur, District- Samastipur Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 05-05-2026 Heard learned counsel for the petitioner 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
08.01.2018 passed by learned A.C.J.M.-I, Dalsingsarai, District
Samastipur in connection with Complaint Case No.7 of 2017,
T.R. No.819 of 2018 by which cognizance under Sections 304A,
323, 341, 465 & 34 of the I.P.C. has been taken against the
petitioners.
3. As per the report submitted by the learned Trial
Court vide letter no.174 of 2026 dated 08.04.2026, the
Patna High Court CR. MISC. No.65709 of 2018(3) dt.05-05-2026
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petitioners have been acquitted of all the charges on 29.09.2022.
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 counsels
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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