Patna High Court

Sunil Kumar JhaversusThe State Of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The application under Section 482 is dismissed as the proceedings are deemed infructuous.

Summary

Sunil Kumar Jha filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash FIR No. 342 of 2017, which alleged offences under Sections 409 and 34 of the Indian Penal Code. The petitioner argued that the case had become infructuous and should be dismissed. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Court, after hearing both sides, agreed that the matter was indeed infructuous. Consequently, the application was disposed of, effectively refusing to quash the FIR.

Issues considered

Whether the FIR can be quashed under Section 482 of the Cr.P.C.
Whether the proceedings have become infructuous warranting dismissal of the application

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 34, 409

Subjects

Criminal Procedure
Section 482
Quash Petition
FIR
Infructuous
IPC Section 409
IPC Section 34

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.70751 of 2018
                      Arising Out of PS. Case No.-342 Year-2017 Thana- KRITYANAND NAGAR District-
                                                            Purnia
                   ======================================================
                   Sunil Kumar Jha Son of Chunchun Jha, resident of Village- Rasarh, P.S.-
                   Banmankhi, District- Purnea.
                                                                           ... ... Petitioner/s
                                                 Versus
                   The State of Bihar.                             ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Shankar Kumar Choudhary, Advocate.
                   For the Opposite Party/s :       Mr. Shantanu Kumar, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

2     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 F.I.R. bearing K.

                     Nagar P.S. Case No.342 of 2017 for the offences under Sections

                     409/34 of the I.P.C.

                                  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

                     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/-
U

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