Patna High Court
Md. Jafar Ali @ Md. Jafar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 CrPC was dismissed as the original case had already been disposed of.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 19 June 2018, wherein the Sub-Divisional Judicial Magistrate had taken cognizance against them under Section 3 of the Dowry Prohibition Act and Section 498A of the Indian Penal Code. The petitioners argued that the original police case (Barsoi PS Case No. 402 of 2017) had already been disposed of, rendering further proceedings unnecessary. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court, after considering the submissions and the report confirming the disposal of the original case, decided to dispose of the petition. Consequently, the order of the lower court was not set aside, and the petition was dismissed.
Issues considered
- Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance under the Dowry Prohibition Act and Section 498A IPC can be quashed under Section 482 CrPC when the underlying police case has already been disposed of?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- Criminal Procedure
- Section 482
- Dowry Prohibition Act
- Section 498A
- petition dismissal
- quash order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65735 of 2018
Arising Out of PS. Case No.-402 Year-2017 Thana- BARSOI District- Katihar
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1. Md. Jafar Ali @ Md. Jafar, son of Late Majrul Hak
2. Nafisha Khatoon @ Nafisa Bano @ Nakisha wife of Late Majrul Hak
3. Md. Athar @ Md. Athar Hussain son of Late Majrul Hak
4. Md. Kaushar @ Md. Kaushar Alam son of Late Majrul Hak
5. Md. Sarwar @ Sarwar son of Majrul Hak
6. Munni @ Minaro Khaton wife of Athar All are Resident of Village-
Berajal,P.S. Barsoi,Distt.-Katihar
7. Aftak @ Ilahi @ Afaque Alam Son of Md. Abaas
8. Nikhat Khatoon @ Nikhat Jabi wife of Ilahi @ Afak Both Resident of
Village-Minapur,P.S. Kadwa Balia Belone,Distt.-Katihar
9. Nujhat @ Nujhat Bano Wife of Muskur, Resident of Village-Dhata, P.S.
Barsoi, Distt.-Katihar
... ... Petitioner/s
Versus
1. State Of Bihar
2. Rabnak Ara wife of Md. Jafar Ali D/o Md. Ali Hassain Residing at Chandi,
P.S. Barsoi,Distt.-Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate
For the Opposite Party/s : Smt. Reena Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 28-01-2026 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 19.06.2018 passed by
the learned S.D.J.M., Katihar in Barsoi P.S. Case No. 402 of
2017 by which cognizance was taken against the petitioners
under Section ¾ of the Dowry Prohibition Act and Section
Patna High Court CR. MISC. No.65735 of 2018(2) dt.28-01-2026
2/2
498A/34 of the I.P.C.
3. As per the report submitted by the Office, Barsoi
P.S. Case No. 402 of 2017 has already been disposed of.
4. Learned counsel for the petitioners submits that
Barsoi P.S. Case No. 402 of 2017 has already been disposed of,
accordingly, this 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 report of the Office, this case is disposed of.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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