Patna High Court
Shabnam AraversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the application is to be disposed of as infructuous and therefore cannot be entertained.
Summary
The petitioner, Shabnam Ara, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07‑08‑2017 that had framed charges under Sections 498(A), 506 and 34 of the Indian Penal Code against her and another person. The petition argued that the proceedings had become infructuous and therefore the application should be disposed of. The State of Bihar, represented by its Additional Public Prosecutor, raised no objection to the petitioner's prayer. The Hon’ble Justice Sunil Dutta Mishra considered the submissions of both counsel and noted the lack of any opposition from the State. Concluding that the matter was indeed infructuous, the Court disposed of the criminal miscellaneous application. Consequently, the order seeking quash of the charge sheet was not entertained, and the petition was dismissed as moot.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. for quashing a charge sheet is maintainable when the proceedings have become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 498A, 506
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous
- IPC 498A
- IPC 506
- IPC 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.700 of 2018
Arising Out of PS. Case No.-43 Year-2016 Thana- SITAMARHI District- Sitamarhi
======================================================
Shabnam Ara S/o Md. Kalam Miyan, R/o Village-Mehsaul Gote, Ward No. 4,
P.S.- Sitamarhi, District- Sitamarhi.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Seema Sinha, D/o Ram Kailash Bhakt, R/o Mohalla- Adarsh Nagar,
Rajopatti, presently residing at Anchal Gali, C/o Srimati Ram Kali Hospital
and Research Centre, P.S.- Sitamarhi, District- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Advocate.
For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioner 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
07.08.2017 passed by learned C.J.M., Sitamarhi in connection
with Sessions Trial No.2057 of 2016, 1673 of 2017 arising out
of Sitamarhi P.S. Case No.43 of 2016 by which charges under
Sections 498(A), 506/34 of the I.P.C. have been framed against
the petitioner and another.
3. Learned counsel for the petitioner 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.700 of 2018(4) dt.02-02-2026
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prayer of the petitioner.
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/-
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