Patna High Court
Fatima KhatoonversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the criminal miscellaneous application was infructuous and therefore disposed of.
Summary
The petitioner, Fatima Khatoon, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 January 2005 passed by the Sub‑divisional Judicial Magistrate, Patna, which had taken cognizance of offences under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against her and others. The petitioner argued that the proceedings had become infructuous and should be dismissed. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's prayer. The Court examined the submissions and found no merit in continuing the application as the matter was no longer capable of being pursued. Consequently, the Court held that the criminal miscellaneous application was infructuous and ordered its disposal. The order effectively left the original criminal proceedings untouched but terminated the petition for quash.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the order taking cognizance of offences under Section 498A IPC and the Dowry Prohibition Act should be entertained.
- Whether the petition has become infructuous warranting its disposal.
Legislation cited
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- Criminal law
- Section 498A
- Dowry Prohibition Act
- Quash
- Section 482 CrPC
- Infructuous
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8020 of 2018
Arising Out of PS. Case No.-3132 Year-2004 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Fatima Khatoon Wife of Md. Zafir Shah alias Md. Safik, Resident of Village-
Kandi, P.S.- Chandauti, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Akbari Khatoon, D/o Abdul Wahab, W/o- Md. Mumtazuddin, R/o Mohalla-
Sadisopur, P.S.- Bihta, and District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Advocate.
For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
10 09-07-2026 Heard learned counsel for the petitioner 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
12.01.2005 passed by learned Sub-divisional Judicial
Magistrate, Patna in Complaint Case No.3132(C) of 2004 by
which cognizance under Section 498(A) of the I.P.C. and
Section 3/4 of the Dowry Prohibition Act has been taken against
the petitioner and others.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.8020 of 2018(10) dt.09-07-2026
2/2
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/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.