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Patna High Court

RANI DEVIversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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Permission to withdraw the application was granted, and the application was dismissed as withdrawn.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 The judge granted the petitioners’ request, allowing the application to be withdrawn, and consequently dismissed the application as withdrawn.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

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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