Patna High Court
KUMAR ROHIT RITESH @ ROHIT RITESH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The court quashed the cognizance order dated 16‑06‑2023 in view of the settlement between the parties.
Summary
The petitioners, Kumar Rohit Ritesh and Usha Devi, were charged under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act in a case registered as PS Case No. 513 of 2022. The State of Bihar and Alka Singh were the opposite parties. Both parties entered into a settlement through a mediation proceeding (Mediation Proceeding No. 1070 of 2023) and jointly requested the court to dismiss the proceedings. The court considered whether a cognizance order could be set aside when a compromise has been reached in offences involving dowry harassment. In the interest of justice, the court held that the settlement justified quashing the cognizance order. Consequently, the cognizance order dated 16‑06‑2023 was quashed, effectively ending the criminal proceedings.
Issues considered
- Whether a cognizance order under Section 498A IPC and the Dowry Prohibition Act can be set aside on the basis of a settlement reached through mediation.
- Whether compromise is permissible in offences punishable under the Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- Dowry Prohibition Act
- mediation
- settlement
- cognizance order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14125 of 2024
Arising Out of PS. Case No.-513 Year-2022 Thana- BUDDHACOLONY District- Patna
======================================================
1. KUMAR ROHIT RITESH @ ROHIT RITESH KUMAR S/O LATE
UMESH ROY R/O FLAT NO.-102, DEVDUT MENSION, PANDUI
HOUSE, P.S- BUDHA COLONY, DISTT.- PATNA.
2. USHA DEVI @ USHA RAI SINGH W/O LATE UMESH ROY R/O FLAT
NO.-102, DEVDUT MENSION, PANDUI HOUSE, P.S- BUDHA
COLONY, DISTT.- PATNA.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. ALKA SINGH W/O KUMAR ROHIT RITESH @ ROHIT RITESH
KUMAR , D/O LATE PRITHVI RAJ SINGH R/O C/O MANJIT KUMAR
SINGH, 64/87, B-1, FLAT NO.-5, MADHOPUR SIGRA, P.S- SIGRA,
DISTT.- VARANSI (UTTAR PRADESH).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Swetabh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
For the O.P. No.2 : Mr. Om Prakash Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-03-2026 Heard the parties.
2. Learned counsel for the petitioners and Opposite
Party No.2 have jointly submitted that parties have settled their
dispute and as per memorandum of agreement as decided
between the parties in the Patna High Court Mediation
Proceeding i.e. a Mediation Proceeding No. 1070 of 2023, the
parties have now arrived at a settlement and both of them does
not want to pursue the matter any further.
3. The cognizance has been taken under Section 498A
Patna High Court CR. MISC. No.14125 of 2024(2) dt.17-03-2026
2/2
of the Indian Penal Code and Sections 3 and 4 of the Dowry
Prohibition Act and since compromise has been arrived at
between the parties.
4. In the interest of justice, cognizance order dated
16.06.2023 passed in Budha Colony P.S. Case No. 513 of 2022
is hereby quashed.
(Praveen Kumar, J)
shivam/-
U T
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