Patna High Court
RANI DEVIversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
Permission to withdraw the application was granted, and the application was dismissed as withdrawn.
Summary
The petitioners, Rani Devi and Hemant Yadav, filed an application before the Patna High Court seeking to quash an order dated 30‑04‑2019 in which the SDJM, Madhepura had taken cognizance of offences under Sections 498A and 312 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act against them. The application was filed in Criminal Miscellaneous No. 71972 of 2019. During the hearing on 29‑01‑2026, the petitioners’ counsel requested permission to withdraw the application. The court considered whether such a withdrawal could be permitted. The judge granted the petitioners’ request, allowing the application to be withdrawn, and consequently dismissed the application as withdrawn.
Issues considered
- Whether the High Court may grant permission to withdraw an application for quashing an order taking cognizance of criminal offences
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 312, 498A
Subjects
- quash order
- withdrawal of application
- Section 498A
- Dowry Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71972 of 2019
Arising Out of PS. Case No.-84 Year-2019 Thana- MADHEPURA COMPALINT CASE
District- Madhepura
======================================================
1. Rani Devi W/O Hemant Yadav Resident Of Village - Gorhaila, P.S.- And
Distt.- Madhepura.
2. Hemant Yadav @ Hemant Kumar Son Of Triveni Yadav Resident Of Village
- Gorhaila, P.S.- And Distt.- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Riya Kumari W/O Mithilesh Kumar Resident of Village - Gorhaila,
P.S.- and Distt.- Madhepura. at present Smt. Riya Kumari D/O Birendra
Yadav , Resident of Village - Dinapatti Pararia, P.O. - Gorhaila, P.S.- and
Dist.- Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh
For the Opposite Party/s : Mr. Shyameshwar Dayal
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-01-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioners for quashing of order taking cognizance dated
30.04.2019 passed by the learned S.D.J.M., Madhepura in
Complaint Case No. 84/2019 wherein and whereby the learned
S.D.J.M., Madhepura has taken cognizance of the offence under
Section 498(A),312 of I.P.C. and section 4 of Dowry Prohibition
Act against the petitioners.
3. After some arguments, the learned counsel for the
petitioners seeks permission to withdraw this application.
Patna High Court CR. MISC. No.71972 of 2019(2) dt.29-01-2026
2/2
4. Permission, as prayed, is granted.
5. Accordingly, this application is dismissed as
withdrawn.
(Sandeep Kumar, J)
Shishir/-
U T
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