Matrimonial disputes should be resolved amicably to avoid misuse of criminal law.

ORAL JUDGMENT

Date : 12-12-2025 Heard Mr. Digvijay Kumar Ojha, learned counsel appearing on behalf of the petitioners and Mr. Abhay Kumar –

1, learned APP for the State.

2. The petitioners have preferred the application under Section 482 Cr.P.C. / 528 BNSS for quashing the FIR dated 01.07.2018 in connection with Simri P.S. Case No.151 of 2018 whereby cognizance has been taken under Sections 341 , 323, 354, 498A, 504, 506 and 34 of the IPC and under sections

3 and 4 of the DP Act.

3. The prosecution story in brief is that marriage of O.P. No.2, Dr. Soniya Pandey, solemnized with petitioner no.1, Dr. Abhishek Pandey, in accordance with Hindu rites and customs, where her father and brother allegedly provided substantial dowry articles comprising Rs. 15,00,000/- in cash, gold and diamond ornaments worth Rs. 11,00,000/-, utensils and household articles valued at Rs. 5,00,000/-, besides other gift items. It is also alleged in the FIR that the petitioners along with other in-laws residing in the joint family set-up began subjecting the O.P. No.2 to continuous harassment and indignities on the pretext of having brought insufficient dowry. The informant/ O.P. No.2 was persistently pressurized to fulfill the demand of dowry of an additional sum of Rs. 25,00,000/- and a vehicle. It is further alleged that O.P. No.2’s mother-in-law and other in- laws routinely taunted her, abused her, denied her basic amenities, and subjected her to mental and physical cruelty. The informant also asserts that she was dissuaded from visiting her parental home on the festival of “Raksha Bandhan”, and even when she returned to her matrimonial house on 09.08.2017, the pattern of harassment, including assault, intimidation and humiliation of her family continued. According to the informant, she was again assaulted, humiliated and forcibly evicted from her matrimonial home without any belongings, compelling her to reach her parental home under distress. Thereafter, mediation took place on 09.01.2018 and again on 21.02.2018 in presence of police authorities; however, despite assurances, she was allegedly not allowed by her in-laws to resume cohabitation. The informant further alleges that on 27.06.2018, petitioner no.1 along with petitioner no.2 and other in-laws visited her parental village, obtained her signatures on certain documents under the guise of reconciliation, took her along with them, but subsequently abandoned her midway between Asha Parari and Pratapsagar. Aggrieved by the said act, the informant has filed the FIR on 01.07.2018 before the Officer-in-Charge, Simri Police Station, which is under consideration before this Court.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioner no.1 is the husband and the petitioner no.2 is the mother-in-law, who are having doctorate degree and residing in Gopalganj and the opposite party no.2 is also a doctorate degree holder and residing in District-Buxar. A report dated 23.08.2025 has been sent by the learned District Court concerned wherein it has been informed that name of the petitioner no.1 i.e. Dr. Abhishek Pandey @ Abhishek Pandey has been expunged vide order dated 19.12.2022. He further submitted that even considering the offence as alleged, materials available on record don’t disclose any criminal element and without considering this aspect, the order taking cognizance against the petitioner no.2 becomes unsustainable in the eye of law. Learned counsel further submitted that marriage is a sacred ceremony but little matrimonial skirmish suddenly erupts into hatred but the same can be resolved, if the parties are given op