The court emphasized that criminal proceedings should not proceed if the parties have settled their disputes amicably, as it amounts to an abuse of the legal process.

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: