Patna High Court
Kiran Pandey and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 CrPC was disposed of because the criminal proceedings had become infructuous.
Summary
Petitioners Kiran Pandey and Ashok Kumar Pandey filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (G.R. No.1921 of 2017/ TR No.2187 of 2018) arising from a complaint registered under Sections 323, 318, 498A, 34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. They contended that the proceedings 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, after hearing both sides, agreed that the proceedings were indeed infructuous and ordered the application to be disposed of. Consequently, the criminal proceedings were not quashed but the petition itself was dismissed as unnecessary.
Issues considered
- Whether the criminal proceedings can be quashed under Section 482 CrPC on the ground that they have become infructuous
Legislation cited
- Criminal Procedure Code — s. 156(3), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 318, 323, 34, 498A
Subjects
- Criminal Procedure
- Section 482
- Infructuous proceedings
- Quash petition
- Criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71938 of 2018
Arising Out of PS. Case No.-34 Year-2017 Thana- LODIPUR District- Bhagalpur
======================================================
1. Kiran Pandey Wife of Ashok Kumar Pandey,
2. Ashok Kumar Pandey, Son of Late Tapeshwar Prasad Pandey, Both residents
of Mohalla- Kamalnagar, near Shanti Niketan School, P.S.- Babarganj and
District Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Raksha Awasthi @ Shivani Dubey, Wife of Sri Mrigendra Kumar Dubey and
Daughter of Shashi Shankar Awasthi, Resident of Kohra, P.S.- Lodipur and
District- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan, Advocate.
For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 14-05-2026 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 entire criminal
proceeding of G.R. No.1921 of 2017/ TR No.2187 of 2018
arising out of Complaint Case No.217 of 2017 which was
forwarded to the SSP Bhagalpur under Section 156(3) of Cr.P.C.
and registeered as Lodipur P.S. Case No.34 of 2017 under
Sections 323, 318, 498A and 34 of the I.P.C. and Section 3/4 of
the D.P. Act.
4. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.71938 of 2018(2) dt.14-05-2026
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case may be disposed of as it has become infructuous.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsel for
the parties, the present Cr. Misc. Application stands disposed of
as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-Utkarsh/-
U T
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