The court ruled that in the context of matrimonial disputes, without specific allegations against accused relatives, criminal proceedings may be quashed to prevent abuse of legal process.

JUDGMENT :

Chandra Shekhar Jha, J.

Heard learned counsel for the petitioner and learned A.P.P. for the State duly assisted by learned counsel for the informant/opposite party no. 2.

2. The present quashing application has been preferred for quashing of the order dated 25.03.2021 passed by learned Sub-Judge-VIII-cum-A.C.J.M., Patna, whereby learned Magistrate took cognizance against the petitioner and others for the offences punishable under Section 3 4 1, 342, 323, 504, 498A/34 of the INDIAN PENAL CODE and Section 3 /4 of the Dowry Prohibition Act in connection with Parsa Bazar P.S. Case No. 111 of 2019.

3. The brief facts of the case is that the informant/opposite party no. 2 was married with petitioner on 03.12.2017. Parents of the informant has given ornaments and other gifts to the tune of Rs. 20 Lakh in marriage. After marriage the informant went to her sasural, where everything was good for one week, whereas after three days petitioner asked informant to bring further Rs 5 Lakhs as dowry because he has lost his job. Which was denied by O.P. No. 2, upon which petitioner became violent and started abusing to the informant/opposite party no.2.

4. The informant further alleged that when she asked for help from her in-laws, they too supported the petitioner and thereafter she was tortured on daily basis, physically and mentally. After one month, petitioner dropped informant to her maike and returned to Banglore. It is stated that after 4 days, the petitioner asked the informant not to come to Banglore ever, thereafter, parents of the informant persuaded and convinced them, then, the petitioner took her to Banglore, but there she was also beaten and abused by the petitioner and demanded money and she was sent back to her parental house at Patna. It is stated that again on 12^th July she went to Banglore along with her cousin brother where mother in-law and petitioner abused and beat her, which goes for almost one week and, all of a sudden, on one night they tried to kill her and, thereafter, she informed to police and her parents. The informant further alleged that she came back to Patna from Bangalore with her parents. It is stated by the informant that when she received information regarding death of her father-in-law, she went to her sasural, where she was also abused by the accused persons.

5. On the basis of aforesaid written information, First Information Report (in short ‘F.I.R.’) being Parsa Bazar P.S. Case No. 111/2019 for the offences punishable under Section 34 1, 323, 504, 384, 385, 498(A)/34 of the I.P.C. and Section ¾ of the Dowry Prohibition Act, was registered. After investigation, police submitted charge-sheet against petitioner for aforesaid offences.

6. It is submitted by learned counsel appearing on behalf of the petitioner that marriage between the parties now stands dissolved under their mutual consent as provisioned under Section 13B(1) of the HINDU MARRIAGE ACT , 1955. During course of argument, learned counsel referred para ‘7’ of the judgment of divorce as passed by learned Principal Judge, Family Court, Patna in Matrimonial case No. 1290 of 2023, which is as under:

“7. The record also reveals that parties have settled all their claims and disputes amicably in respect of maintenance (past, present and future) and permanent alimony. The details deposed by them on 03.05.2024 in their statements as PW.1 applicant no.1 and P.W.1 applicant no. 2 and it is suffice to say that these would be read as part of this order.”

7. In view of aforesaid, it is submitted by learned counsel that continuing present proceeding qua petitioner before learned trial court would only amount to abusing the process of court and law, and, therefore, same be quashed. In support of his subm