Patna High Court
Shama ParweenversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court held that where the dispute is essentially civil, the criminal proceedings should be stayed and pre‑arrest bail granted to allow mediation, to prevent abuse of the judicial process.
Summary
The petitioners, Shama Parween and Shamse Alam, were arrested in a complaint case alleging cheating under IPC sections 420, 406, 120B, 34 and dishonour of a cheque under Section 138 of the Negotiable Instruments Act. They applied for pre‑arrest bail, claiming innocence and arguing that the dispute was essentially a civil monetary matter that should be settled through mediation. The State and the informant opposed the bail but agreed that an opportunity for amicable settlement should be given. The High Court, relying on the Supreme Court’s observations in Paramjeet Batra and S.N. Vijayalakshmi, directed the parties to appear before the District Mediation Centre and ordered that no coercive action be taken pending mediation. The Court held that if the dispute is civil in nature, the criminal proceedings may be stayed to prevent abuse of process, and the petitioners were to be released on bail subject to the mediator’s report. The application was consequently disposed with directions for mediation and conditional bail.
Issues considered
- Whether the allegations under Sections 420 IPC and 138 NI Act constitute a criminal offence or merely a civil monetary dispute.
- Whether the High Court can stay criminal proceedings and grant pre‑arrest bail to facilitate mediation under Section 482 CrPC.
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 120B, 34, 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- pre‑arrest bail
- mediation
- civil dispute
- Section 420 IPC
- Section 138 NI Act
- abuse of process
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13886 of 2026
Arising Out of PS. Case No.-299 Year-2022 Thana- COMPLAINT CASE - BIRAUL AT
BENIPUR District- Darbhanga
======================================================
1. Shama Parween W/o Shamse Alam @ Pappu R/o Vill. - Bheriahi, P.S. -
Keoti, Dist. - Darbhanga.
2. Shamse Alam @ Pappu Son of Md. Zaffer R/o Vill. - Bheriahi, P.S. - Keoti,
Dist. - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nishat Anjum W/o Asgar Ali Khan R/o Village and Post. - Ahilwara, P.S. -
Biraul, Dist. - Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha, Advocate
For the Opposite Party/s: Mr.Mohammed Arif, APP
For the Informant : Mr.Nilendu Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 11-05-2026 Heard Mr. Kedar Jha, learned counsel appearing on
behalf of the petitioners and Mr. Mohammed Arif, learned APP
for the State, as well as, Mr. Nilendu Kumar Choudhary, learned
counsel appearing on behalf of the Informant.
2. The petitioners seek pre-arrest bail in connection
with Complaint Case No. 299/2022 registered for the offence(s)
punishable under Sections 420,406,120B,34 of the IPC and
Section 138 of Negotiable Instruments Act.
3. The prosecution case, in brief, is that the com-
plainant alleged that despite receiving the consideration amount
for sale of land, the accused persons neither executed the sale
deed nor refunded the money, and one cheque issued towards re-
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payment was dishonoured due to insufficient funds, leading to
institution of the complaint case under Section 420 I.P.C. and
Section 138 of the N.I. Act.
4. Learned counsel for the petitioners submitted that
the petitioners are innocent and have been falsely implicated in
the present case. Learned counsel further submitted that there
are no ingredients constituting an offence under Section 420 of
the Indian Penal Code, and the allegations, even if taken at their
face value, do not make out a case of cheating. The matter pri-
marily relates to monetary transaction between the parties and
for amicable settlement of dispute between the parties outside
the Court, the matter be referred for mediation.
5. Per contra, learned counsel appearing on behalf of
the Informant and learned APP appearing on behalf of the State
submitted that a chance be given to the parties for amicable set-
tlement outside the court.
6. Learned counsel appearing on behalf of the peti-
tioners, on instructions, submitted that the petitioners have
agreed to appear before the learned District Court at 10:30 A.M.
on 22.05.2026.
7. Heard the parties
8. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
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made in the F.I.R., I am of the opinion that an opportunity is re-
quired to be given to the parties to settle their score amicably
outside the Court and the Opposite Party No. 2 is permitted to
seek exemption from personal appearance, and his learned
counsel shall be permitted to represent him on each and every
date fixed before the learned Mediator.
9. In this regard, I find it apt to take note of the
observation made by the Apex Court in case of Paramjeet
Batra v. State of Uttarakhand reported in (2013) 11 SCC 673,
in which, the Apex Court in paragraph no. 12 has held as
follows:
"12. While exercising its jurisdiction un-
der Section 482 of the Code the High Court has to
be cautious. This power is to be used sparingly and
only for the purpose of preventing abuse of the
process of any court or otherwise to secure ends of
justice. Whether a complaint discloses a criminal of-
fence or not depends upon the nature of facts al-
leged therein. Whether essential ingredients of crim-
inal offence are present or not has to be judged by
the High Court. A complaint disclosing civil trans-
actions may also have a criminal texture. But the
High Court must see whether a dispute which is es-
sentially of a civil nature is given a cloak of criminal
offence. In such a situation, if a civil remedy is
available and is, in fact, adopted as has happened in
this case, the High Court should not hesitate to
quash the criminal proceedings to prevent abuse of
process of the court."
(emphasis supplied)
10. The Apex Court has reiterated the aforesaid
proposition in recent judgment of S. N. Vijayalakshmi & Ors.
vrs. The State of Karnataka and Anr. reported in (2025) SCC
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Online SC 1575.
11. The petitioners have willingly desired to appear
before the learned District Court on or before 22.05.2026, so
that the matter can be referred to the District Mediation Centre.
12. Learned District Court is directed to issue notice
to O.P. No.2 and take necessary steps to refer the matter before
the learned Mediator of the District Mediation Center by fixing
a date for appearance of the parties to give effect to “Mediation
for the Nation 2.0”.
13. Learned Mediator of the District Mediation Center
concerned, upon appearance of the parties, shall make his/her
best efforts to settle the dispute amicably and thereafter submit
his/her report before the concerned learned District Court, well
within a period of three months, till then, no coercive action
shall be taken against the petitioners in connection with the
aforesaid case.
14. In case, the parties resolve their dispute amicably
or arrive at a mutual settlement, in light of the law laid down by
the Apex Court as referred hereinabove, the petitioners are
required to be released on pre-arrest bail on such terms and
conditions as the learned District Court deems it fit and proper.
15. In case of failure on the part of the petitioners to
appear on 22.05.2026 before the learned District Court or any
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date fixed by the learned Mediator, the interim protection
granted to the petitioners shall automatically lose its force.
16. In case, it is deliberate on the part of the
complainant to reconcile, then in that case, the interim
protection granted to the petitioners shall continue and the trial
shall proceed in accordance with law.
17. In case, the parties fail to reconcile, then in that
case, parties may avail appropriate remedy. Then also,
petitioners are directed to be released on pre-arrest bail on such
terms and conditions as the learned District Court deems it fit
and proper.
18. If both the parties arrive at amicable settlement,
then they must withdraw the criminal cases, if any, which they
have lodged against each other.
19. With aforesaid direction and observation, the
present application stands disposed of.
20. Let a copy of this order be communicated to the
Member Secretary, Bihar State Legal Services Authority and the
Patna High Court Mediation Centre for the purpose of record.
(Purnendu Singh, J)
Ashishsingh/-
U T
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