The court emphasized that the continuation of criminal proceedings in matrimonial disputes, once amicably settled, constitutes an abuse of the legal process, aligning with precedents addressing the misuse of such allegations.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. Heard learned counsel appearing on behalf of the parties.

2. The present application has been preferred by the petitioners for quashing of Criminal Case No. 2992 of 2019 passed by A.C.J.M.-4, Patna Sadar Court arising out FIR No. 133 of 2019 dated 15.04.2019 at P.S. Shri Krishna Puri, Patna for the offences punishable under Sections 498 A, 420 and 34 of the I.P.C.

3. The case of the prosecution in brief is that informant/O.P. No. 2 was married to Manish Singh on 16.02.2017. Petitioners told the informant that they are not able to spend money in marriage due to demonetization, so the informant, namely Raj Ballabh Singh gave loan of Rs. 65000/- to his son-in-law on 04.01.2017. Between 06.01.2017 to 27.02.2017, informant gave a total of Rs. 9.50,000/- to the father of petitioner no. 1 i.e. late Mr. Narendra Kumar Singh and petitioner no. 2 Kanti Devi through cheques. Informant gave them money because petitioners said that loan amount would be returned to him after demonetization. Thereafter, two letters dated 04.01.2019 and 08.02.2019 sent to the petitioners to return the money, but loan amount was not returned to the informant.

4. It appears that present matrimonial discord started in background of aforesaid loan dispute between the parents of petitioner no. 1 and opposite party no. 2.

5. It appears from submission of learned counsel appearing for the parties that matter appears compromised between the parties, where parties settled their disputes and differences amicably and, therefore, continuing with present criminal proceedings before the learned Trial Court would only amount to abuse the process of court.

6. Upon perusal of record, it appears that joint compromise between the parties made available to this Court, where parties appears amicably settled their issues. During course of argument, learned counsel referred to Memorandum of Understanding executed between parties at Delhi, on 29^th day of July 2024, which is as under:-

“MEMORANDUM OF UNDERSTANDING

This deed of Compromise is made at Delhi on this 29th day of July, 2024, between:

Manish Singh, S/o late Sh Narendra Kumar Singh R/o C 2/31, East of Kailash, New Delhi 110065 (HEREINAFTER CALLED THE FIRST PARTY).

AND Neha Singh W/o. Manish Singh Dio, late Sh. Raj Ballabh Singh Rio C 2/31. East of Kailash, New Delhi 110065 (HEREINAFTER CALLED THE SECOND PARTY).

WHEREAS the marriage was solemnised between the parties named above according to Hindu Rites and Ceremonies on 16.02.2017 at Patna in the presence of the parents, relatives of both the parties and after the marriage the parties lived together as husband and wife at the matrimonial home.

That due to difference of temperaments and incompatibility of relations, the parties could not adjust with each other and several tigations arose between the parties including Criminal Case No. 2992/2019 pending before the ACIM 4, Patna Sadar Court arising out of FIR No. 133 of 2019 dated 15.04.2019 at PS Shri Krishna puri. Patna under sections 498A, 420 and 34 of the INDIAN PENAL CODE .

AND WHEREAS due to the intervention of the family friends and relatives, an amicable settlement took place between the parties and the parties are residing together since January 2022 with each other at their Delhi's home along with their daughter Dishita Singh aged around 6 years. The First Party had withdrawn several litigations including criminal complaints filed by him before the courts of Delhi including the Divorce Case pending before the Family Court, SE- Saket and the only case pending between the parties is now the Criminal Case No. 2992/2019 pending before the ACJM 4, Patna Sadar Court arising out of FIR No. 133 of 2019 dated 15.04.2019 at PS Shri Krishna Puri, Patna under sections 498A, 420 and 34