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Patna High Court

Radhasharan Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition under Section 482 Cr.P.C. is disposed of, resulting in the quashing of the maintenance order.

Summary

The petitioners, a group of relatives, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a June 23, 2018 order of the Sessions Judge that directed the petitioners to pay a monthly maintenance of Rs. 6,000 to Anita Kumari, the opposite party. The petition challenged the validity of the maintenance award. Both the petitioners' counsel and the Additional Public Prosecutor for the State raised no objections to the prayer for disposal. The High Court, after hearing the parties, disposed of the petition, effectively granting the relief sought. No substantive discussion on the merits of the maintenance order was recorded.

Issues considered

  • Whether the order of the Sessions Judge awarding maintenance can be quashed under Section 482 Cr.P.C.

Legislation cited

Subjects

  • maintenance
  • Section 482 Cr.P.C.
  • quash order
  • family law
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66193 of 2018
                  Arising Out of PS. Case No.-115 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
           1.     Radhasharan Singh S/o Parma Singh
           2.    Sima Devi W/o Radhesharan Singh
           3.    Chandani Kumari D/o Radhesharan singh
           4.    Goldee @ Goladi Kumari D/o Sanjay Kumar
           5.    Priti Kumari D/o Harendra Singh
           6.    Anil Singh S/o Vakil Singh
           7.    Shailesh Singh S/o Parma Singh All are R/o Village-Balthara, P.S.
                 Basantpur,Distt.-Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Anita Kumari W/o Guddu Kumar @ Shashi Bhushan@ Shashi Bhushan
                 Singh R/o Village-Ekderwan,P.S. Baikunthpur,Distt.-Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   05-05-2026                    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 23.06.2018 passed by the

                   learned Sessions Judge, Gopalganj in Baikunthpur P.S. Case No.

                   115 of 2018 to the extent that Rs. 6000/- per month maintenance

                   is awarded to the Opposite Party No. 2 which will be given by

                   the in-laws (Petitioners).

                                3. Learned counsel for the petitioners submits that this
              Patna High Court CR. MISC. No.66193 of 2018(3) dt.05-05-2026
                                                          2/2




                        case may be disposed of.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     5. Considering the submissions of the learned counsel

                        for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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