Patna High Court
Juli Kumari @ Rupa KumariversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as the proceedings had become infructuous.
Summary
The petitioner, Juli Kumari, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 05-02-2018 of the Sub-Divisional Judicial Magistrate, Hilsa, which had taken cognizance of offences under Sections 498(A) and 406 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petition. The Court considered the submissions and found that the proceedings were indeed infructuous. Consequently, the Court disposed of the petition, effectively dismissing the request to quash the earlier order.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a magistrate's order can be entertained when the case has become infructuous
- Whether the order taking cognizance of offences under Sections 498(A), 406 IPC and Section 4 DP Act should be set aside
Legislation cited
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 406, 498A
Subjects
- Criminal Procedure
- Section 482
- Infructuous proceedings
- Quash petition
- Dowry Prohibition Act
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70850 of 2018
Arising Out of PS. Case No.-455 Year-2017 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Juli Kumari @ Rupa Kumari D/o Girish Prasad, R/o Village- Garapar, P.O.-
Paingri, P.S.- Warisaliganj, Dist- Nawada.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Kumari Kumkum, W/o Vikash Kumar, D/o Sri Satyadeo Prasad, R/o
Village- Fagunipar, P.S.- Ekangarsarai, Dist- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Pd, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner 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 05.02.2018 passed by
the learned S.D.J.M., Hilsa, Nalanda in Complaint Case No.
455(c)/2017 by which cognizance was taken against the
petitioner for the offences under Sections 498(A), 406 of the
I.P.C. and Section 4 of D.P. Act.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.70850 of 2018(2) dt.05-05-2026
2/2
prayer of the petitioner.
5. 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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