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Patna High Court

Fatima KhatoonversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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


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