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2026 Supreme(Online)(Pat) 8983

PATNA HIGH COURT
Vikash Kumar and Ors
Cr.Misc.-27980/2018



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27980 of 2018 Arising Out of PS. Case No.-214 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ======================================================

1. Vikash Kumar son of Maheshwar Ram

2. Pushpa Kumari D/o Maheshwar Ram

3. Maheshwar Ram S/o Ayodhya Das

4. Gujiya Devi wife of Maheshwar Ram

5. Vindu Devi @ Vindu Kumari wife of Vikash Kumar All residents of Village - Gwalpara, P.S. Rupauli, District Purnia.

6. Shiv Shankar Das S/o Late Jagdish Das Resident of Village - Tintanga, P.O.

- Nawgachhiya, District Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar

2. Guriya Kumari D/o Kusheshwar Mochi resident of Village Rahua, P.S.

Sahebpur Kamal, District - Begusarai at present Quarter No. F 2178, Sector No. 2, Bokaro Steel City, P.S. - Sector - 12, District - Bokaro Jharkhand.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Randhir Kumar No-1, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the O.P. No. 2 : Mr. Arvind Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

9 19-02-2026 Heard learned counsel for the petitioners, learned counsel for O.P. No. 2 and learned A.P.P. for the State. 2. The present application has been filed on behalf of the petitioners under Section 482 Cr.P.C. for quashing the order of cognizance dated 22.07.2015 passed by the learned S.D.J.M., Begusarai (hereinafter referred to as ‘Magistrate’) in Complaint Case No. 214 of 2015 wherein learned Magistrate took cognizance of the offence under Section 498A of the Indian Penal Code, 1860 against the accused persons including the petitioners.

3. As per the complainant/O.P. No. 2, the marriage of O.P. No.2 was solemnized with co-accused Onkar Krishna, on 14.01.2010 in accordance with Hindu rites and rituals. At the time of marriage, Rs.70,000/- cash was given to husband of O.P. No.2. After marriage, she went to her matrimonial home and from her wedlock, a female child was born on 10.01.2012. It is alleged that after some time of marriage, all the accused persons started demanding Rs. 2 lakh from the complainant and due to non-fulfillment of the same, she was subjected to torture. It has been further alleged a Panchayati was also held on 07.01.2015 but the accused persons have not changed their attitude and they refused to return the items given to husband at the time of marriage. Accordingly, complaint was filed, after inquiring under Section 202 of the Cr.P.C. on the basis of averments in complaint, S.A. of complainant and evidence of inquiry witnesses, the cognizance under Section 498A of I.P.C. was taken on 22.07.2015 against all the accused persons named in the complaint and accordingly, process were issued against them. As per the report dated 18.9.2025 of learned Trial Court, the case is fixed for charge.

4. During the pendency of the present application, the subsequent development in this case is that complainant/O.P. No. 2 and her husband have compromised the said case and amicably resolved all their matrimonial disputes through the process of mediation, under the terms of the agreement dated 22.09.2025 made between them and they resumed cohabitation as husband and wife and they do not want to continue further litigation. The parties have unequivocally stated that the compromise has been entered into voluntarily, without any force, fraud or coercion.

5. Learned counsel appearing on behalf of the petitioners submits that the dispute, which was purely matrimonial in nature, has already been amicably resolved between the husband and O.P. No. 2 through the process of mediation, under the terms of the memorandum of agreement dated 22.09.2025 made between them before Patna High Court Mediation Centre. It is further submitted that in view of the said compromise and in light of the settlement already arrived at between the husband and

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