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Patna High Court

RATNESH YADAVversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The High Court will not act as a mediator in criminal proceedings and therefore dismissed the application for quash.

Summary

The petitioner, Ratnesh Yadav, filed an application before the Patna High Court seeking to quash the order dated 19‑02‑2018 of the Additional Chief Judicial Magistrate, Danapur, which had issued summons against him and others under Sections 498A, 307/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner claimed he wished to settle the dispute and requested that a notice be issued to the second opposite party (his wife, Shobha Devi) to facilitate settlement. The Court examined whether it could intervene as a mediator and quash the criminal proceedings. It held that the High Court’s jurisdiction to quash proceedings does not extend to acting as a mediator between parties in a criminal matter. Consequently, the Court dismissed the petition, directing the petitioner to approach the opposite party himself for any settlement. The order was communicated to the Principal District Judge, Patna for compliance.

Issues considered

  • Whether the High Court can quash criminal proceedings and act as a mediator in a case involving offences under Sections 498A, 307/34 IPC and Sections 3/4 of the Dowry Prohibition Act.
  • Whether the Court can issue a notice to the opposite party for the purpose of settlement in a pending criminal trial.

Legislation cited

Subjects

  • quash of criminal proceedings
  • mediation
  • dowry prohibition
  • IPC 498A
  • attempt to murder
  • settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34822 of 2019
                         Arising Out of PS. Case No.-400 Year-2016 Thana- BIHTA District- Patna
                 ======================================================
                 RATNESH YADAV Son of Ashok Yadav Resident of Village- Musepur, P.S.-
                 Bihta, District- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    THE STATE OF BIHAR
           2.    Shobha Devi Wife of Ratnesh Yadav, D/o Lal Babu Yadav Resident of
                 Village- Musepur, P.S.- Bihta, District- Patna. At present residing at Village-
                 Pali, P.O.- Pareo, P.S.- Bihta, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-01-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The present application has been filed by the

                   petitioner for quashing the order dated 19.02.2018 passed by

                   learned Additional Chief Judicial Magistrate, Danapur in

                   connection with Bihta P.S. Case No. 400/2016, whereby

                   summons have been issued against the petitioner and others for

                   offences punishable under Sections 498A, 307/34 of I.P.C. and

                   Sections 3/ 4 of Dowry Prohibition Act, which matter is

                   presently pending as Sessions Trial No. 639/2018 before the

                   learned A.D.J.-1, Danapur.

                                3. Learned counsel for the petitioner during course of
              Patna High Court CR. MISC. No.34822 of 2019(2) dt.20-01-2026
                                                          2/2




                        argument submits that the petitioner wants to settle dispute and

                        prays that notice be issued to O.P. No. 2 for settling the dispute.

                                     4. This Court, while exercising its jurisdiction under

                        quashing proceedings, will not be acting as mediator between

                        the parties. The petitioner is at liberty to approach O.P. No. 2 for

                        settling the dispute himself and for that purpose, the interference

                        of this Court is not required.

                                     5. In view of the aforesaid observations, this

                        application stands dismissed.

                                     6. Let a copy of this order be communicated to Principal

                        District Judge, Patna through FAX for its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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