Patna High Court
Bimal Kumar Sharma and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is infructuous and is disposed of as the underlying criminal case has already been concluded.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash FIR No. 259 of 2018 registered under Sections 498(A), 379 and 34 of the IPC. The investigating police report indicated that the case had already been disposed on 18 February 2026 by way of compromise. The petitioners argued that the petition had become infructuous and should be dismissed. The State, through its Additional Public Prosecutor, raised no objection to the petitioners' request. The Court, after considering the submissions, held that since the criminal proceeding was already concluded, the petition was infructuous and disposed of it.
Issues considered
- Whether a petition under Section 482 CrPC for quashing an FIR is maintainable when the criminal case has already been disposed by compromise
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 34, 379, 498(A)
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Petition
- Compromise
- Infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66815 of 2018
Arising Out of PS. Case No.-259 Year-2018 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
1. Bimal Kumar Sharma S/o Sri Awadh Bihari Sharma.
2. Awadh Bihari Sharma, S/o Late Suryadeo Sharma.
3. Saraswati Devi, W/o Awadh Bihari Sharma.
4. Kiran Devi @ Kiran
5. Annu Kumari both Daughters of Awadh Bihari Sharma, All are resident of
Village-E/417 Pratap Bihar, Sector-11, Gaziabad, Uttar Pradesh. At present
residing at Ward No. 15, G.T. Road, Vill P.O. P.S.- Mohania, District-
Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Priyanka Kumari, Wife of Bimal Kumar Sharma, resident of E/417, Sector-
11, Pratap Bihar, Gaziabad U.P.. At present residing at as D/o Pramod
Sharma, Village P.O. P.S.- Mohania, District- Kaimur at Bhabua.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-05-2026 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 F.I.R. of Mohania P.S. Case No.
259 of 2018 registered under Sections 498(A), 379, 34 of the
I.P.C.
3. As per the report of the Court concerned, vide letter
no. 09 of 2026 dated 15.04.2026, Mohania P.S. Case No. 259 of
2018 has already been disposed of on 18.02.2026 on the basis of
Patna High Court CR. MISC. No.66815 of 2018(3) dt.11-05-2026
2/2
compromise.
4. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same 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 the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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