Patna High Court
Anil Kumar Sharan and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of as infructuous because the underlying criminal case had already been concluded.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a judgment dated 03-01-2018 of the Judicial Magistrate, which had taken cognizance of offences under Sections 498A and 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. The petition argued that the underlying criminal case (Kankarbagh PS Case No. 704 of 2016) had already been disposed of on 21-05-2025, rendering the petition infructuous. The State, through its Additional Public Prosecutor, raised no objection to the petitioners' request for disposal. The High Court examined the status of the original case and accepted that it was already concluded, making any further proceedings unnecessary. Consequently, the Court disposed of the petition on the ground that it had become infructuous.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a lower court order is maintainable when the original criminal case has already been disposed of.
Legislation cited
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498A
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Petition
- Infructuous
- IPC 498A
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68684 of 2018
Arising Out of PS. Case No.-704 Year-2016 Thana- KANKARBAG District- Patna
======================================================
1. Anil Kumar Sharan son of Sri Suresh Kumar Sharan,
2. Sudha Sharan, wife of Sri Anil Kumar Sharan Both resident of Mohalla-
Shakti Nagar, Kanhauli, P.O. Ramna, P.S. Mithanpura, District Muzaffarpur.
3. Shiksha Sharan, wife of Saurabh Kumar
4. Saurabh Kumar son of Arbind Kumar Both Resident of Surat Ganj,
Madhubani, P.S. Madhubani, District- Madhubani.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nidhi Sinha, Wife of Kunal Kumar Sharan, and D/o Sri Rameshwar Prasad,
resident of Mohalla- Kankarbagh, A/21, Housing Colony, P.S.- Kankarbagh,
District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sri Shailendra Kumar -2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 14-05-2026 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 dated 03.01.2018 passed by
the learned Judicial Magistrate 1st Class, Patna in G.R. No. 7567
of 2016, Tr. No. 5862 of 2017, arising out of Kankerbagh P.S.
Case No. 704 of 2016 whereby cognizance was taken against
the petitioners for the offences under Sections 498(A)/34 of the
I.P.C. and Section ¾ of D.P. Act.
3. As per the report of the Court concerned, vide letter
Patna High Court CR. MISC. No.68684 of 2018(3) dt.14-05-2026
2/2
no. 46 dated 28.04.2026, it is informed that Kankerbagh P.S.
Case No. 704 of 2016 has already been disposed of on
21.05.2025.
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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