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Patna High Court

Arjun Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The High Court held that, notwithstanding the non‑compoundable nature of the offences, the FIR could be quashed under Section 482 CrPC because the dispute was private, the settlement was bona‑fide, and continuing the prosecution would be an abuse of process.

Summary

The petitioners filed a criminal miscellaneous application under Section 482 of the CrPC seeking quashment of an FIR (Bakhtiyarpur PS Case No.371 of 2017) that alleged offences including cruelty, assault, dowry harassment and Section 498A IPC. The complainant, Mausami Kumari, claimed she was married to Arjun Singh, faced dowry demands, physical and mental cruelty, and was threatened with a second marriage. The parties later reached an amicable settlement of Rs.15 lakh and filed for mutual consent divorce, prompting both the complainant and the State to support quashing the FIR. The High Court examined the settled nature of the dispute, the non‑compoundable character of the offences, and recent Supreme Court pronouncements on the exercise of inherent powers under Section 482. Finding the compromise bona‑fide and the dispute essentially private, the Court exercised its inherent jurisdiction to quash the FIR. Consequently, the criminal miscellaneous application was allowed and the proceedings were terminated.

Issues considered

  • The court must determine whether an FIR involving non‑compoundable offences such as Section 498A IPC can be quashed under Section 482 CrPC when the parties have reached a bona‑fide settlement.
  • Whether the settlement and mutual consent divorce negate the public interest in prosecuting the alleged offences.

Legislation cited

Subjects

  • Section 482 CrPC
  • quashment of FIR
  • non‑compoundable offences
  • dowry prohibition
  • domestic violence
  • mariage dispute settlement
  • court's inherent powers
  • public interest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28045 of 2018

                    Arising Out of PS. Case No.-371 Year-2017 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
           1.    Arjun Singh Son of Shri Ambika Singh

           2.    Ambika Prasad Singh, Son of Late Kesho Singh

           3.    Sonali Singh D/o Shri Ambika Singh

           4.    Neetu Singh, D/o Shri Ambika Singh

           5.    Daulat Devi, W/o Shri Ambika Singh

           6.    Rakesh Kumar Singh, S/o Shri Ram Pravesh Singh

           7.    Madhu Devi, D/o Shri Ambika Singh

           8.    Ritesh Singh, S/o Sri Kapildev Singh All are Resident of Mohalla-
                 Chhawani, P.S.- Tekari, District- Gaya.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.

           2.    Mausami Kumari, D/o Sachidanand Singh,                   Resident    of Village-
                 Mahmadpur, P.S.- Bakhtiyarpur, District- Patna.
                                                                               .
                                                         .. ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Gyanendra Kumar Singh, Advocate.
                                                 Ms. Megha Singh, Advocate.
                                                 Ms. Sadhna Parashar, Advocate.
                 For the State           :       Mr. Sunil Kumar Pandey, A.P.P.
                 For the O.P. No.2       :       Mr. Shivanand Singh, Advocate.
                                                 Mr. Andlib Improse, Advocate.
                                                 Ms. Amisha Prakash, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

9   02-04-2026                   Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the opposite party

                   no.2.

                                 2. The present Cr. Misc. Application has been filed
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          under Section 482 of Cr.P.C. for quashing the First Information

          Report bearing Bakhtiyarpur P.S. Case No.371 of 2017

          instituted under Sections 341, 323, 504, 506, 498(A)/34 of the

          Indian Penal Code and under Section 3/4 of Dowry Prohibition

          Act, 1961 against the petitioners.

                       3. The facts of the case, in brief, are that O.P. No.2,

          Mausami Kumari, lodged a written report in Bakhtiyarpur P.S.

          alleging that she was married to Arjun Singh (petitioner no.1) on

          06.05.2013 in accordance with Hindu rites and rituals. At the

          instance of her marriage with petitioner no.1, father of O.P. No.2

          gifted furniture, jewellery, utensils, etc. with cash amounting to

          Rs. 13,00,000/- and Rs.7,00,000/- in cheque to the in-laws of

          O.P. No.2. It is further alleged that soon after the marriage, O.P.

          No.2 was subjected to cruelty by her husband and in-laws, who

          demanded an additional sum of Rs.2,00,000/-. Upon her refusal,

          she was allegedly abused and physically assaulted by her in-

          laws. Subsequently, she was taken to Delhi by her husband,

          where she continued to face physical and mental cruelty coupled

          with several restrictions. During this period, O.P. No.2

          conceived and was later left at her parental home, where she

          gave birth to a girl child, with all medical expenses borne by her

          father. It is further alleged that despite efforts made by her father
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          to resolve the dispute, the accused persons intensified the

          harassment including mental and physical torture. It is also

          alleged that due to unemployment of petitioner no.1, O.P. No.2

          attempted to pursue employment by applying for the BETET

          examination, which led to further harassment. On 14.06.2017,

          when her father came to take her for the examination, the

          accused persons allegedly refused and demanded money,

          compelling her father to lodge a Sanha before the police,

          following which she was brought back to her parental home. On

          06.07.2017, her husband and father-in-law, along with others,

          allegedly visited her parental home, abused and threatened her

          family. Thereafter, her husband allegedly threatened to

          solemnize a second marriage. It is also alleged that on

          03.09.2017, she received threatening phone calls, giving rise to

          apprehension of further criminal acts. On the basis of the

          aforesaid allegations, Bakhtiyarpur P.S. Case No.371 of 2017

          was instituted.

                       4. Learned counsel for petitioners submit that parties

          have compromised the matter as one time settlement of

          Rs.15,00,000/- (Rupees Fifteen Lakh) which is to be paid to the

          O.P. No.2 (informant). Both the parties have also filed petition

          for divorce with mutual consent and now they have no claim
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          against each other.

                       5. Learned counsel for the O.P. No.2 submits that in

          view of the compromise taken place between the parties, he has

          no objection to quash the proceedings of F.I.R. bearing

          Bakhtiyarpur P.S. Case No.371 of 2017 against the petitioners.

                       6. Learned A.P.P. for the State also submits that in

          view of the settlement between the parties, no purpose would be

          served to continue the criminal proceedings and the same may

          be quashed by this Court.

                       7. Notably, it is a settled principle of law that although

          offences under Section 498A of the Indian Penal Code and other

          allied provisions are non-compoundable, the High Court, in

          exercise of its inherent powers under Section 482 of the Code of

          Criminal Procedure, can quash criminal proceedings where the

          dispute is essentially private in nature and emanates from

          matrimonial discord, and the parties have arrived at an amicable

          settlement. The Hon’ble Supreme Court, in The Hon’ble

          Supreme Court in B.S. Joshi and Ors. v. State of Haryana and

          Anr., reported in (2003) 4 SCC 675; Gian Singh v. State of

          Punjab and Anr., reported in (2012) 10 SCC 303; Narinder

          Singh and Ors. v. State of Punjab and Anr., reported in (2014)

          6 SCC 466; and Parbatbhai Aahir and Ors. v. State of
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          Gujarat        and     Anr., reported in         (2017) 9 SCC 641, has

          authoritatively held that in matters predominantly bearing a civil

          or personal character, particularly matrimonial disputes, such

          inherent powers may be invoked to secure the ends of justice

          and to prevent abuse of the process of the Court, provided that

          the compromise is bona fide, voluntary, and without any

          coercion. Nonetheless, such power must be exercised cautiously,

          having due regard to the nature, seriousness, and societal impact

          of the alleged offences.

                       8. In the recent judgment of the Hon’ble Supreme

          Court in Mange Ram v. State of Madhya Pradesh and Anr.,

          reported in 2025 SCC OnLine SC 1681 has observed as under:

                                  “29. A three-Judge Bench of this Court in
                                  State of M.P. v. Laxmi Narayan, (2019) 5
                                  SCC 688, observed in paragraph 15.5
                                  thereof that while exercising power under
                                  Section 482 CrPC to quash the criminal
                                  proceedings in respect of non-compoundable
                                  offences, which are private in nature and do
                                  not have a serious impact on society, on the
                                  ground that there is a settlement/compromise
                                  between the victim and the offender, it is
                                  necessary to consider the antecedents of the
                                  accused; the conduct of the accused, namely,
                                  whether the accused was absconding and
                                  why he was absconding, how he had
                                  managed with the complainant to enter into
                                  a compromise, etc.
                                                  xxx xxx xxx
                                  32. In Naushey Ali v. State of U.P., (2025) 4
                                  SCC 78, one of us (Viswanathan, J.)
                                  observed in paragraph 32 that proceeding
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                                            with the trial, when the parties have
                                            amicably resolved the dispute, would be
                                            futile and the ends of justice require that the
                                            settlement be given effect to by quashing the
                                            proceedings. It would be a grave abuse of
                                            process particularly when the dispute is
                                            settled and resolved.”

                                 9. In the present case, considering the submissions of

                    learned counsel for the parties as well as learned A.P.P. for the

                    State and in view of the settlement taken place between the

                    parties, the F.I.R. bearing Bakhtiyarpur P.S. Case No.371 of

                    2017 is hereby quashed.

                                 10. Accordingly, the present Cr. Misc. Application

                    stands allowed.



                                            (Sunil Dutta Mishra, J)
Ritik/-

U


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