Patna High Court
Fuleshwar Pandit @ Kuleshwar Pandit and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as infructuous.
Summary
The petitioners, members of the Pandit family, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a February 2018 order of the Judicial Magistrate, 1st Class, Nawada, which had taken cognizance of a complaint under Section 498A of the Indian Penal Code against them. The petitioners argued that the matter had become infructuous and therefore the application should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The High Court examined whether the application remained maintainable in view of the alleged infructuity. Considering the unopposed submissions, the Court held that the application could be disposed of as the proceedings were no longer viable. Consequently, the Court ordered the criminal miscellaneous application to be disposed of as infructuous.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC seeking to quash an order can be dismissed on the ground that the proceeding has become infructuous.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 498A
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Proceedings
- Section 498A
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74950 of 2018
Arising Out of PS. Case No.-1125 Year-2017 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
1. Fuleshwar Pandit @ Kuleshwar Pandit Son of Machhalu Pandit
2. Subhash Pandit Son of Machhalu Pandit
3. Chandni Devi Wife of Subhash Pandit
4. Tusi Devi Wife of Machhalu Pandit
5. Machhalu Pandit Son of Late Jagdish Panda All are Resident of Village-
Mahadev Simariya, Shivdih, Police Station Sikandra, Distt.-Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kanchan Devi Wife of Fuleshwar Pandnit, D/o of Late Sitaram Pandit
Resident of Village-Mahadev Simariya,Shivdih,Police Station
Sikandra,Distt.-Jamui,presently Resident of Village-Madhurapur,P.S.
Kauwakol,Distt.-Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate.
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 29-06-2026 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 order dated
13.02.2018 passed by learned Judicial Magistrate, 1st Class,
Nawada in connection with Complaint Case No.C1125 of 2017
by which cognizance was taken against the petitioners under
Sections 498(A) of the I.P.C.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.74950 of 2018(2) dt.29-06-2026
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case has become infructuous, accordingly, he prays that the
present case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsel for
the parties, the present Cr. Misc. Application stands disposed of
having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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