IMPORTANT POINT
Cruelty and dowry offences – Matrimonial cases, being offence not against society, parties are required to be given opportunity to reconcile their strained matrimonial relationship.

JUDGMENT (ORAL)

Heard Mr. Ajit Kumar, learned APP for the State and Mr. Ashish Giri, learned senior counsel along with Mr. Rajat Kumar Tiwary and Deepika Sharma, learned counsels appearing on behalf of the Informant.

2. The petitioner has preferred the application under Section 482 Cr.P.C. / 528 BNSS for quashing the FIR bearing Nayagaon P.S. Case No.184 of 2024 registered against the petitioner for the offences punishable under Sections 126(2), 115(2), 74, 85, 352, 351(2), 79, 3(5) of the BNS, corresponding to Sections 341, 323, 354, 498A, 504, 506, 509 and 34 of the Indian Penal Code respectively and under sections 3 and 4 of the DP Act.

3. The present case has been listed out of turn on the request of Mr. Ashish Giri, learned Senior Counsel appearing on behalf of Informant. He submitted that he has requested repeatedly to the counsel for the petitioner, Mr. Radha Mohan Singh to appear in this case, but he has not given any notice to his request. However, he argued the case on merits.

4. The prosecution case, in brief, is that the informant, namely Megha Singh (Opposite Party No. 2), alleged that her marriage with the petitioner was solemnized in the year 2017 and soon thereafter she was subjected to cruelty and harassment by the accused persons on account of demand for dowry. She has further alleged that her sister-in-law, Shweta Singh, in an intoxicated condition once attempted to assault her with a knife and, along with her mother-in-law Punam Singh, mentally harassed her, while her father-in-law, Anil Kumar Singh, after consuming alcohol, attempted to sexually abuse her and taunted her by stating that her father had not fulfilled the demand of a car, and similar allegations of physical and sexual assaults were also levelled against the uncle of the petitioner, Sunil Kumar Singh. She further alleged that after the birth of a female child, the accused persons again subjected her to cruelty as they were displeased with the birth of a girl child and coerced her to give the child in adoption to her elder sister-in-law Jyotsna Singh, and upon her refusal, the petitioner and her brother-in-law Shiven Singh allegedly assaulted her physically, with further allegations of sexual abuse being levelled against the said brother-in-law. When she complained of these incidents to her husband, he assaulted her and forcibly ousted her from the matrimonial home along with her minor daughter, compelling her to take shelter at her parental home, and that on 09.08.2024, all the accused persons came to her parental house and attempted to forcibly take away her minor daughter but failed. Thereafter, on 25.08.2024, the petitioner allegedly deceitfully took away the minor child and, despite repeated requests and communications, the accused persons finally refused on 11.09.2024 to return the child, forcing the O.P. No.2 to file the present FIR.

5. Mr. Ashish Giri, learned Sr. counsel appearing on behalf of informant/O.P. No.2 at the outset submitted that vide order dated 04.02.2025, the further proceeding in connection with Nayagaon P.S. Case No.184 of 2024 was stayed. Thereafter, vide order dated 16.05.2025, the present case was sent for mediation before the learned Mediator of the Patna High Court. As per the report of the learned Mediator, the mediation between the parties failed, as the dispute between the parties could not be resolved through the process of mediation. He further submitted that the petitioner is still enjoying the interim relief granted by this Court and, as such, he has mentioned this case to be listed out of turn.

6. He has read the entire FIR. He submitted that the specific allegation against the petitioner is that the petitioner and his family members were not happy with the girl child, which was born out of the said wedlock, as they wanted to have a male child and thereafter, they forced the O.P. No.2 to give the child to her elder Nanad by way of adoption but she refused to do so. Thereafter, the petitioner allegedly abduc