Patna High Court
RATNESH YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 34, 498A
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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