Patna High Court
Parmanand Ranjan @ Parmanand SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 Cr.P.C. is allowed, and the petitioner is granted liberty to take steps in accordance with law.
Summary
The petitioner filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a Family Court order dated 30 May 2015 that directed him to pay monthly maintenance of Rs.4,000 to his wife and Rs.3,000 to his minor daughter. The petitioner argued that circumstances had changed and he should be given liberty to comply with the law as appropriate. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Court examined whether the Family Court order could be set aside under Section 482 CrPC. Finding no impediment and noting the State’s consent, the Court disposed of the petition, granting the petitioner liberty to take steps in accordance with law as prayed for.
Issues considered
- Whether the Family Court order directing maintenance can be quashed under Section 482 Cr.P.C.
- Whether the petitioner can be granted liberty to comply with the order in view of changed circumstances
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- maintenance
- family court
- Section 482
- quash order
- changed circumstances
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73860 of 2018
======================================================
Parmanand Ranjan @ Parmanand Singh Son of Rajendra Prasad Singh @
Lalan Singh Resident of Village- Dharupur, P.S.-Nokha, District-Rohtas.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Jyoti Devi @ Jyoti Kumari W/o Parmanand Ranjan @ Parmanand Singh,
Resident of Village- Ramnagar @ Dalippur P.S. Dhangai District Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 23-06-2026 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 30.05.2015 passed by
the learned Principal Judge, Family Court, Bhojpur at Ara in
Misc. Case No. 5 of 2015 by which the petition filed by O.P.
No. 2 was allowed directing the petitioner to make payment of
Rs. 4,000/- and 3,000/- per month to the wife and minor
daughter from the date of making of the application.
3. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioner to take
steps in accordance with law in view of changed circumstance.
Patna High Court CR. MISC. No.73860 of 2018(2) dt.23-06-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Accordingly, the present case is disposed of with
liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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