The court quashed the domestic violence complaint as the marriage was dissolved by mutual consent and a financial settlement was reached, preventing abuse of legal process.

JUDGMENT :

Chandra Shekhar Jha, J.

Heard learned counsel appearing on behalf of the parties.

2. Present petition is being filed on behalf of the petitioner for quashing of entire proceeding including order dated 03.11.2023 initiated under Complaint Case 1187 of 2022 whereby and where under Ld. C.J.M Katihar directed O.P no.2 to reside separately but with harassing approach the petitioner again implicated by O.P no. 2 through instant complaint case as lodged under section 12 of the protection of women from domestic violence Act 2005.

3. That the prosecution case as alleged through complaint is that O.P no.2 is the married wife of the petitioner and their marriage was solemnized on 22.04.2019 and on said occasion dowry of Rs. 25 lakh was paid to the petitioner. Thereafter, the O.P no.2 joined her matrimonial home on 23.04.2019, where petitioner and his father misbehaved with her. It is further alleged that during stay at matrimonial home the petitioner never established sexual relation with O.P. No. 2 and thus she was put in extreme mental and physical cruelty. It is further alleged that petitioner and other family members further demanded dowry of Rs 10 lakh from the parents of O.P. No. 2, which upon refusal, O.P no. 2 was not only assaulted but also abused. Thereafter, O.P no.2 went to Moran (place of posting of petitioner), where the petitioner at the instance of the family members caused miscarriage of O.P. No. 2 due to which she was hospitalized. Besides that, at her service place, the petitioner also given a knife blow on her hand, mark of which is still visible. It is further stated that the O.P. No. 2 was under the impression that good sense would prevail, but the behavior of the petitioner and in-laws did not change. Thereafter, the O.P. No. 2 made a complaint before the police at Pariwar Paramarsh Kendra, Purnea, where the petitioner become ready to take her to his place of posting on 06.09.2021 at Assam but on 21.09.2021, she was given some medicine due to which her pregnancy was terminated. She any how managed to come back to her aunts house. Thereafter, she lodged a complaint case no. 1253 of 2021 before the court of Ld. C.J.M Katihar, who transfer the matter to the Ld. S.D.J.M Katihar, for inquiry and trial.

4. It is submitted by learned counsel for the petitioner that matter appears compromised between the parties against the permanent alimony of Rs. 27,00,000/- (Rupees Twenty Seven Lakh). In this context, it is submitted that parties also dissolved their marriage by way of mutual consent through Matrimonial Suit No. 324 of 2024 dated 12.12.2024, where by the judgment of learned Principal Judge, Family Court, Katihar, the marriage between the parties declared dissolved. It is submitted that from the said judgment it transpires that O.P. No. 2 already received permanent alimony of Rs. 27,00,000/- (Rupees Twenty Seven Lakh) and in aforesaid fact, continuing of the present proceedings before court below would only amount to abuse of the process of the Court of law and, therefore, same be quashed/set aside. In support of his submission learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Abhishek vs. State of Madhya Pradesh as reported in 2023 SCC OnLine SC 1083.

5. Learned counsel for O.P. No. 2 also supported the argument as advanced by learned counsel for petitioner that the parties resolved their dispute and differences, amicably.

6. In view of aforesaid, it would be apposite to reproduce Paragraph Nos. 12, 13, 14 ,15, 16 & 17 of Abhishek case (supra), which read as:-

12. The contours of the power to quash criminal proceedings under Section 482 Cr.P.C. are well defined