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Patna High Court

KUMAR ROHIT RITESH @ ROHIT RITESH KUMARversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

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

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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