Back
2025 Supreme(Pat) 726
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA, J.
Jitendra Prakash Singh, S/o. Surendra Prasad Singh and Ors. – Petitioners
Versus
The State of Bihar and Anr. – Opp. Parties
Criminal Miscellaneous No.40567 of 2024
Decided On : 03-04-2025
For the Petitioners:Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Parties : Mr. Syed Ehteshamuddin, APP.
Important Points
Subject
Criminal Law - Matrimonial Offences
Act Referred
INDIAN PENAL CODE : S.34, S.498(a)
Headnote
(B) Criminal Proceedings - High Court's inherent jurisdiction - The power to quash should be exercised sparingly, especially in cases involving matrimonial disputes where false implications could lead to abuse of legal process. (Paras 12-17)
| Table of Content |
|---|
| 1. factual background of the marriage and allegations. (Para 2 , 3 , 4) |
| 2. arguments for quashing based on reconciliation. (Para 5 , 6 , 7) |
| 3. court’s analysis on dispute resolution and legal standards. (Para 8 , 9 , 10 , 11) |
| 4. order allowing application and quashing of cognizance. (Para 12 , 13) |
JUDGMENT :
Chandra Shekhar Jha, J.
Heard learned counsel for the parties.
2. The present application is being preferred for quashing the order dated 16.04.2024 as passed in Bheldi P.S. Case No. 194/2022, Tr. No. 3501/2024, by the learned A.C.J.M.-XI, Saran at Chapra, whereby and whereunder learned Magistrate took cognizance for the offences punishable under Section 498A/34 of the I.P.C. and Section ¾ of the Dowry Prohibition Act against the petitioners.
3. The brief facts of the case is that informant/opposite party no. 2 had submitted her written report before the police, wherein she categorically alleged that her marriage was settled with the petitioner no. 1 through online matrimonial website (Jeevansathi.com) and decided that marriage would be performed without any dowry. The informant/O.P. No. 2 alleged that on 28.04.2016 her marriage was performed with the petitioner no. 1 without any dowry, but after two months, petitioner no.1 and other co-accused persons started demanding dowry and tortured her in different ways. She further alleged that she was also ousted from her matrimonial home and thereafter she filed the present F.I.R.
4. After institution of F.I.R., investigation was started and upon completion of which, police submitted charge-sheet No. 96/2023 dated 28.02.2023, for the offences punishable under Sections 498A/34 of the I.P.C. and Section ¾ of the Dowry Prohibition Act, for which learned jurisdictional Magistrate took cognizance through impugned order dated 16.04.2024.
5. Learned counsel for the petitioners submitted that petitioner no. 1 is husband, whereas petitioner nos. 2 and 3 are father-in-law and mother-in-law of opposite party no. 2.
6. Learned counsel further submitted that during course of mediation before the Patna High Court Mediation Centre, both parties have appeared and agreed to live together as husband and wife and now they are living together very happily.
7. Arguing further, learned counsel relied upon the legal reports of the Hon’ble Supreme Court as reported in the matter of Abhishek Vs. State of Madhya Pradesh reported in 2023 SCC OnLine SC 1083 and prays to quash the impugned cognizance order, as stated above.
8. Having heard learned counsel for the parties and upon perusal of records, it appears that both parties, in terms of the order of this Court dated 20.03.2025, have appeared in-person before this Court and submitted jointly that in furtherance of mediation proceeding, they are living very happily together.
9. It would be apposite to reproduce the order of mediation here below for sake of clarity of facts:
“Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No.1208 of 2023 [Arising out of Cr.Misc. No. 47652 of 2023] An agreement made on 05.01.2024 at the High Court Patna Mediation Centre, between, Jitendra Prakash Singh, Son of Surendra Prasad Singh, resident of Khaira, P.S.-Gaurichak, District-Patna. ---- --- Petitioner/(First Party). And Smriti Raj, Daughter of Ramjanam Singh, resident of Parsa, Jogni, P.S.-Bheldi, District-Saran. ----- Opposite party (Second Party). Both parties are agreed to settle the dispute with the consent and sweet will on basis of the following terms and conditions:- 1. That the petitioner will arrange and independent accommodation for Opposite Party No.2 (within as early as possible) where the petitioner and Opposite Party No.2 will live separately, having no interference of parents and relatives of both sides. 2. That the parents of petitioner as well as Opposite party No.2 will not interfere with the conjugal life of the petitioner and Opposite Party No.2, in any matter. 3. That the petitioner being the husband of Opposite Party No.2 shall k | |
