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Patna High Court

Amit Kumar Arya and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The court held that the application is disposed of as the proceedings have become infructuous.

Summary

The petitioners, Amit Kumar Arya, Bindu Devi and Upendra Sah, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 27 March 2017 that had taken cognizance of offences under Sections 323, 498(A), 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. They argued that the proceedings had become infructuous. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and found that the matter was indeed infructuous. Consequently, the court disposed of the application, effectively leaving the earlier order without further effect.

Issues considered

  • Whether the criminal proceedings under Sections 323, 498(A), 504 IPC and Sections 3/4 DP Act are infructuous and can be quashed under Section 482 CrPC

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • quash order
  • infructuous proceedings
  • IPC offences
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6952 of 2018
                  Arising Out of PS. Case No.-1611 Year-2016 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
           1.     Amit Kumar Arya S/o Upendra Sah,
           2.    Bindu Devi W/o Upendra Sah,
           3.    Upendra Sah S/o Late Jagdeo Sah,
                 All R/o village- Rampur Road, P.S.- Gogri Jamalpur, District- Khagaria.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar.
           2.    Puja Kuamari W/o Amit Kumar Arya, D/o Pramod Sah, R/o Village P.O.-
                 Sajaur, P.S.- Sajaur, District- Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dhirendra Singh, Advocate.
                 For the Opposite Party/s :    Mr. Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

7   23-03-2026                  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

                   27.03.2017 passed by learned S.D.J.M. Bhagalpur in connection

                   with Complaint Case No.1611 of 2016 by which cognizance

                   under Sections 323, 498(A) & 504 of the I.P.C. and under

                   Sections 3/4 of D.P. Act has been taken against the petitioners.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed of as it has become infructuous.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.6952 of 2018(7) dt.23-03-2026
                                                          2/2




                        prayer of the petitioners.

                                     5. Considering the submissions of learned counsels

                        for the parties, the present Cr. Misc. Application stands disposed

                        of as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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