Patna High Court
Vikash Singh @ Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, in view of the parties’ voluntary compromise and full payment of the settlement amount, the FIR and the order taking cognizance were quashed.
Summary
Vikash Singh filed an application under I.A. No.01 of 2026 seeking to quash the order taking cognizance dated 01‑08‑2025 in a dowry‑related case where he was charged under IPC sections 323, 498A, 504, 506 and the Dowry Prohibition Act. The FIR arose from an alleged torture for non‑payment of dowry and the parties later reached a compromise in the Family Court, Delhi, under Section 13B of the Hindu Marriage Act, with a settlement of Rs.14.5 lakh fully paid to the complainant. The petitioners submitted that the compromise was voluntary, without coercion, and that the entire alimony amount had been discharged. The High Court, after considering the settlement and the payment of the agreed amount, held that the matter was a matrimonial dispute resolved by compromise and therefore quashed both the FIR and the cognizance order in the interest of justice. The application was allowed.
Issues considered
- Whether a criminal proceeding for dowry harassment can be quashed on the basis of a voluntary compromise and settlement under Section 13B of the Hindu Marriage Act.
- Whether the court may entertain a petition to quash an order taking cognizance when the FIR involves offences under the IPC and the Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 13B
- Indian Penal Code — s. 323, 34, 341, 354, 498, 504, 506
Subjects
- dowry harassment
- criminal compromise
- quash of FIR
- family court settlement
- matrimonial dispute
- Indian Penal Code
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16204 of 2026
Arising Out of PS. Case No.-39 Year-2023 Thana- MAHILA PS District- Gaya
======================================================
1. Vikash Singh @ Vikash Kumar Singh S/o Late Shiv Kumar Singh @ Sheo
Kumar Singh Resident of - House No. 486, Road No. 01, Sidharthpuri
Colony, P.S -Muffassil, District - Gaya
2. Sujeet Singh @ Sujeet Kumar S/o Late Shiv Kumar Singh @ Sheo Kumar
Singh Resident of - House No. 486, Road No. 01, Sidharthpuri Colony, P.S
-Muffassil, District - Gaya
3. Sunita Singh W/o Sanjay Kumar Singh Resident of - Civil Supply Colony,
Tezu Circle, P.S - Tezu, District - Lohit, State - Arunachal Pradesh, Pin -
792001
4. Sanjay Kumar Singh @ Sanjay Singh S/o Late Lalan Prasad Singh Resident
of - Civil Supply Colony, Tezu Circle, P.S - Tezu, District - Lohit, State -
Arunachal Pradesh, Pin - 792001
5. Sudha Singh @ Sunita Kumari W/o Sanjeev Kumar Singh Resident of - P
-318, 2nd Floor, Shri Radha Vintage Nagla Sadola, Goverdhan Road,
Opposite - Shri Radha City, Mathura, P.S - Satoha, District - Mathura, State -
U.P Pin - 281001
6. Sanjiv Kumar Singh @ Sanjiv Singh S/oLate Yogendra Prasad Resident of -
P -318, 2nd Floor, Shri Radha Vintage Nagla Sadola, Goverdhan Road,
Opposite - Shri Radha City, Mathura, P.S - Satoha, District - Mathura, State -
U.P Pin - 281001
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vibha Singh W/o Vikash Singh @ Vikash Kumar Singh D/o Late Satyendra
Singh, Resident of - House No. 486, Road No. 01, Sidharthpuri Colony, P.S -
Muffasil, District - Gaya At present R/o - House No. 35, S/F, Gali No.1,
Sainik Enclave, Sector - 02, Mohan Garden Uttam Nagar, P.S - Mohan
Garden, District - North West Delhi, Delhi, Mob No. - 7701819644
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, A.P.P.
For the O.P. No.2 : Mr. Rajesh Ranjan, Advocate
Ms. Sakshi Bhatnagar, Advocate
Mr. Shubham Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 18-06-2026 Heard learned counsel for the petitioners, learned
Patna High Court CR. MISC. No.16204 of 2026(3) dt.18-06-2026
2/4
counsel for the State as well as learned counsel for Opposite
Party No. 2.
2. Through I.A. No. 01 of 2026, the petitioner has
challenged order taking cognizance dated 01.08.2025. Let the
prayer to quash order taking cognizance dated 01.08.2025 shall
also form part of the prayer in the main application.
3. The cognizance has been taken against petitioner
no.1 (Vikash Singh @ Vikash Kumar Singh) only under
Sections 323, 498(A), 504 and 506 I.P.C. and Sections 3 and 4
of the Dowry Prohibition Act.
4. Upon the allegation of torture for non-fulfillment of
demand of dowry, Mahila P.S. Case No. 39 of 2023 came to be
registered for offences punishable under Sections 323, 341, 354,
498A, 504, 506 and 34 of I.P.C. and under Sections 3 and 4 of
the Dowry Prohibition Act.
5. Learned counsels for the parties have submitted
that the parties have entered into compromise and good sense
have prevailed between the parties. The compromise was
affected between the parties without any coercion, threat or
promise. It has been submitted by referring to supplementary
affidavit filed on behalf of the parties that now they don’t want
to proceed with the matter further. Learned counsel for the
Patna High Court CR. MISC. No.16204 of 2026(3) dt.18-06-2026
3/4
petitioner, referring to Annexure-5, has submitted that petition
under Section 13(B) of the Hindu Marriage Act was filed before
the Family Court, Tis Hazari Courts, Delhi and as per the
settlement between the parties, a total amount of Rs. 14,50,000/-
(Rupees Fourteen Lakhs Fifty Thousand) was to be paid to the
present informant, pursuant to which an amount of Rs.
10,00,000/- (Rupees Ten Lakhs) has already been paid to the
Opposite Party No. 2 by the petitioner. It has further been
submitted that the petitioner has brought a demand draft of Rs.
4,50,000/- (Rupees Four Lakhs Fifty Thousand ) bearing
Demand Draft No. 86/00004 and the learned counsel for the
petitioner has handed over the said demand draft to learned
counsel appearing on behalf of Opposite Party No. 2 in Court. It
has thus been submitted that the entire alimony, as settled
between the parties, has been paid to the informant. It has
further been submitted that, in the interest of justice, the F.I.R.
bearing Mahila P.S. Case No. 39 of 2023 and the cognizance
order dated 01.08.2025 be quashed.
6. Considering the entire facts and circumstances as
well as taking into account the terms of settlement, which was
arrived at in the Family Court, Tis Hazari Courts, Delhi and the
said settlement amount has finally been paid to the informant,
Patna High Court CR. MISC. No.16204 of 2026(3) dt.18-06-2026
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the matter relates to matrimonial discord and parties have
compromised the matter, as a result thereof, in the interest of
justice, the F.I.R. bearing Mahila P.S. Case No. 39 of 2023 and
order taking cognizance dated 01.08.2025 are hereby quashed.
7. The application is allowed.
(Praveen Kumar, J)
shivam/-
U T
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