Patna High Court
Parinita @ Parineeta Verma and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as infructuous because the underlying case has been concluded with an acquittal.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09.08.2016 that had taken cognizance of a complaint under Section 138 of the Negotiable Instruments Act. The trial court had already disposed of the underlying complaint on 02.07.2025, acquitting the petitioners of all charges. Both parties agreed that, in view of the acquittal, the petition was no longer necessary. The High Court, after considering the submissions and the trial court’s report, held that the application had become infructuous and therefore disposed of it. The order effectively closed the petition without further proceedings.
Issues considered
- What is the appropriate disposition of a criminal miscellaneous application under Section 482 CrPC when the underlying case has already been disposed of and the accused acquitted?
Legislation cited
- Criminal Procedure Code — s. 482
- Negotiable Instruments Act — s. 138
Subjects
- Criminal Procedure
- Section 482
- Negotiable Instruments Act
- Section 138
- Quash petition
- Acquittal
- Infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75878 of 2018
Arising Out of PS. Case No.-453 Year-2016 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Parinita @ Parineeta Verma Wife of Ajay Kumar Verma @ Bhaskar Jee.
2. Ajay Kumar Verma @ Bhaskar Jee Son of Late Prabhu Nath Prasad Both are
Resident of Mohalla Flat No.B/203,N.T.P.S. Phase-1,Ashiana
Nagar,P.S.Rajiv Nagar,Distt.-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Santosh Kumar Son of Madan Mohan Singh, Resident of Mohalla-Flat
No.F/402, N.T.P.C. Phase-2, Ashiana Nagar, P.S. Rajiv Nagar, Distt.-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate.
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 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 order dated
09.08.2016 passed by learned Munsif-II-cum-Judicial
Magistrate, Ist Class, Patna in connection with Complaint Case
No.453(C) of 2016 by which cognizance under Section 138 of
the N.I. Act has been taken against the petitioners.
3. Vide order dated 09.02.2026 a report regarding
status of case was called for, which was received vide Letter
No.36 dated 25.02.2026. As per the said report submitted by the
Patna High Court CR. MISC. No.75878 of 2018(4) dt.14-05-2026
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learned Trial Court, the above noted case was already disposed
of on 02.07.2025 and the petitioners have been acquitted of all
the charges.
4. Learned counsel for the petitioners submits that the
petitioners have already been acquitted of all the charges,
therefore, this 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 counsels
for the parties and the report submitted by the learned Trial
Court, 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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