Created by Fuzzy Cloud

Patna High Court

Nazma Khatoon @ Nazni Khatoon and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The order taking cognizance of the offences is quashed as its continuance would amount to an abuse of the process of the Court.

Summary

The petitioners filed an application under Section 482 of the Criminal Procedure Code seeking to quash an order of the Judicial Magistrate of Begusarai that had taken cognizance of offences under Sections 323 and 379 of the IPC. The dispute arose because petitioner No.1, Nazma Khatoon, had earlier lodged a complaint under Section 498A against her husband (OP No.2) and his family, and the husband retaliated with the present complaint. The parties later reached a compromise, restored their marital relationship, and the earlier 498A case was disposed with the husband’s acquittal. The State did not oppose the petition, acknowledging the restored relations. The Court held that continuing the criminal proceedings would constitute an abuse of process and ordered the quashing of the cognizance order, thereby disposing of the petition.

Issues considered

  • Whether the criminal proceedings initiated under the order of cognizance for offences under Sections 323 and 379 IPC can be continued after the parties have reached a compromise and restored relations, invoking Section 482 CrPC to quash the order.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Quash of proceedings
  • Compromise
  • Abuse of process
  • IPC 323
  • IPC 379
  • IPC 498A
  • Restoration of conjugal relations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13529 of 2016
                  Arising Out of PS. Case No.-3170 Year-2015 Thana- BEGUSARAI COMPLAINT CASE
                                                   District- Begusarai
                 ======================================================
           1.     Nazma Khatoon @ Nazni Khatoon Daughter of Md. Nayeemuddin
           2.    Md. Nayeem @ Nayeemuddin, Son of Abdul Ajib
           3.    Mustari @ Mustari Khatoon, wife of Nayeemuddin
           4.    Md. Shahadat Son of Nayeemuddin @ Md Nadiuddin
           5.    Md. Bashir, Son of Late Md. Ali
           6.    Md. Rustam, Son of Late Md. Ghani All resident of Village- Dumri-Biro,
                 P.S.- Muffasil, District- Begusarai.
           7.    Md. Mukhtar Alam @ Md. Mukhtar Rayeen, Son of Late Md. Jagir
           8.    Abdul Sattar @ Buchchu, Son of Late Md. Zamir, Both resident of
                 Phulwaria-2, Ward No.2, P.S.- Phulwaria, District- Begusarai.
                                                                            ... ... Petitioner/s
                                                   Versus
           1.    State Of Bihar
           2.     Abdul Jabbar Son of Late Md. Salamat Miyan, Resident of Phulwaria, Ward
                  No.-2, P.S.- Phulwaria, District- Begusarai.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Md. Fahimuddin, Adv.
                 For the Opposite Party/s :    Mr.Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

6   13-02-2026                  At the outset, learned counsel for the petitioners seeks

                   permission to withdraw this application in respect of petitioner

                   no.6, Md. Rustam on account of his death.

                                2. Permission as sought above is granted, and the instant

                   application stands dismissed as withdrawn, being infructuous with

                   respect to petitioner no. 6. In respect of the other petitioners, the

                   instant application has been filed under Section 482 of the Code of

                   Criminal Procedure (in short, “Cr.P.C.”), challenging the order

                   dated 03.02.2016 passed in Complaint Case No. 3170C of 2015 by
Patna High Court CR. MISC. No.13529 of 2016(6) dt.13-02-2026
                                            2/3




          the learned Judicial Magistrate, Begusarai, whereby cognizance of

          the offences punishable under Sections 323 and 379 of the Indian

          Penal Code (in short, “IPC”) has been taken. In the instant

          application, the petitioners have prayed for quashing the said

          order.

                       3. Learned counsel for the petitioners submits that

          petitioner no. 1 is the wife of O.P. no. 2. Petitioner no. 1 had filed

          Complaint Case No. 2892C of 2015 alleging cruelty under Section

          498A of the IPC against her husband (O.P. no. 2 herein) and her

          other in-laws. In retaliation, O.P. no. 2 filed the complaint in which

          the impugned order was passed. However, due to efforts made by

          well-wishers, both parties entered into a compromise and decided

          to have their cases disposed of in terms of the said compromise.

          Accordingly, the case filed by petitioner no. 1 has been disposed

          of, resulting in the acquittal of O.P. no. 2 and others. A copy of the

          compromise petition has been filed before this Court by way of a

          supplementary affidavit. Learned counsel further submits that the

          judgment passed in Complaint Case No. 2892C of 2015, which is

          being produced before this Court, clearly shows that on account of

          restoration of conjugal relations between petitioner no. 1 and O.P.

          no. 2, the said complaint case was decided. It is lastly submitted

          that the petitioners’ case could not be proceeded with earlier on

          account of the proceedings having been stayed by this Court.
          Patna High Court CR. MISC. No.13529 of 2016(6) dt.13-02-2026
                                                      3/3




                                 4. No one appears on behalf of O.P. no. 2.

                                 5. Learned APP appearing for the State does not oppose

                    the prayer made by the petitioners in the present application in the

                    light of the said compromise, as good relations have been restored

                    between petitioner no. 1 and O.P. no. 2.

                                 6. Considering the aforesaid submissions and taking

                    into account the fact that cordial relations have been restored in

                    between petitioner no. 1 and O.P. no. 2, the continuance of the

                    criminal proceedings initiated against the petitioners pursuant to

                    the cognizance order would amount to an abuse of the process of

                    the Court and would cause unnecessary harassment to the

                    petitioners. Accordingly, the impugned order taking cognizance of

                    the alleged offences against the petitioners, as well as the

                    subsequent criminal proceedings initiated pursuant thereto, are

                    hereby set aside/quashed. Accordingly, the instant petition stands

                    disposed of.




                                              (Shailendra Singh, J)
BKS/-
U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.