Patna High Court
Ali Ashraf Fatmi @ M. A. A. Fatmi and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 is dismissed as infructuous because the substantive case has already been settled by compromise.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01-09-2018 passed by the Judicial Magistrate First Class, Darbhanga. The application was filed because the underlying case (Misc. No.326 of 2017 arising out of C.R. No.1233 of 2010) had already been disposed of by a compromise between the parties, as reported by the trial court. The petitioners argued that the application had become infructuous and should be dismissed. The State, represented by an A.P.P., raised no objection to the petitioners' request. The High Court, after considering the report and the parties' submissions, disposed of the application on the ground that it was infructuous.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. seeking quash of an order can be entertained when the underlying case has been disposed by compromise.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Compromise
- Infructuous
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67221 of 2018
Arising Out of PS. Case No.-1233 Year-2010 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
1. Ali Ashraf Fatmi @ M. A. A. Fatmi Son of Late Md. Iliyas Ashraf
2. Feraz Fatmi @ F. Fatmi Son of Ali Ashraf Fatmi @ M.A.A. Fatmi Both
Resident of Mohalla-Khajasarai, P.S. Laheriyasarai, Distt.-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Md. Shafi Ahmad Son of Late Syed Md. Sami Resident of Village-
Chandanpatti P.S. Ashok Paper Mill Distt.-Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arif Daula Siddiqui, Advocate.
Mr. Mahtab Alam, Advocate.
Mr. Noumaan Ahmad, Advocate.
For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioners 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
01.09.2018 passed by learned J.M. 1st Class, Darbhanga, District
Darbhanga in connection with Misc. No.326 of 2017 (arising
out of C.R. No.1233 of 2010).
3. Vide order dated 06.04.2026 a report regarding
status of case was called for, which was received vide Letter
No.38 of 2026 dated 25.04.2026. As per the said report
submitted by the learned Trial Court, the above noted case has
Patna High Court CR. MISC. No.67221 of 2018(3) dt.12-05-2026
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already been disposed of as both the parties have compromised
the matter.
4. In view of the aforesaid, 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. Considering the submissions of learned counsels
for the parties as well as the report submitted by the learned
Trial Court, the present Cr. Misc. Application stands disposed of
as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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