Patna High Court
Noor Mohmmad @ Hazi Noor Mohmmad Saifi and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The FIR is deemed infructuous and the petition for its quash is dismissed.
Summary
The petitioners sought quashing of FIR No. 372 of 2018 filed under Section 420 IPC and Section 3 of the Dowry Prohibition Act, alleging that the matter had become infructuous. The trial court reported that the case was disposed of on 14 September 2024 in a National Lok Adalat. Petitioners argued that, since the substantive dispute was already resolved, the FIR should be set aside. The State, through its A.P.P., raised no objection to the prayer. The High Court, noting the disposal in the Lok Adalat, held that the FIR was now infructuous and ordered the petition to be disposed. Consequently, the petition for quashing the FIR was dismissed as unnecessary.
Issues considered
- Whether an FIR filed under Sections 420 IPC and 3 Dowry Prohibition Act can be quashed when the underlying case has been disposed of in a National Lok Adalat and is therefore infructuous.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3
- Indian Penal Code — s. 420
Subjects
- quash FIR
- infructuous proceedings
- National Lok Adalat
- Dowry Prohibition Act
- Section 420 IPC
- criminal miscellaneous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66673 of 2018
Arising Out of PS. Case No.-372 Year-2018 Thana- CHANPATIA District- West Champaran
======================================================
1. Noor Mohmmad @ Hazi Noor Mohmmad Saifi Son of Late Abdul
Rahman.
2. Mahfooz Alam Son of Hazi Noor Mohmmad Saifi.
3. Ashma Khatoon Wife of Noor Mohmmad @ Hazi Noor Mohmmad Saifi.
All are residents of Village-Janerwa, P.S.-Banjariya, District- East
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Superintendent of Police, West Champaran.
3. The Superintendent of Police, East Champaran.
4. The Deputy Superintendent of Police, Sadar West Champaran.
5. The Deputy Superintendent of Police, Sadar East Champaran.
6. The Officer-in-Charge of Chanpatiya Police Station, West Champaran.
7. The Officer-in-Charge of Turkauliya (Banjariya) Police Station, East
Champaran.
8. The Investigating Officer of Chanpatiya Police Station Case No. 372 of
2018.
9. The Investigating Officer of Turkauliya (Banjariya) Police Station Case No.
599 of 2018.
10. Noor Alam Son of Late Khalil Mian, Resident of Village-Lakhawra,
Dubwaliya, P.S.- Chanpatiya, District-West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, 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. This petition has been filed for quashing of the
F.I.R. bearing Chanpatiya P.S. Case No. 372 of 2018 dated
03.09.2018 registered under Section 420 of the Indian Penal
Code and Section ¾ of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.66673 of 2018(3) dt.05-05-2026
2/2
3. Vide order dated 02.04.2026, a report regarding
present status of case was called for and the same was sent vide
Letter No. 49/2026 dated 07.04.2026 by the learned Trial Court.
As per the said report of the learned Trial Court, it is stated that
Chanpatiya P.S. Case No. 372 of 2018 has been disposed of on
14.09.2024 in the National Lok Adalat.
4. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. In view of the above, this case stands disposed of as
it has become infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.