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Patna High Court

Kashi Nath JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the entire criminal proceeding, holding that continuation would amount to an abuse of the process of law.

Summary

The petitioners, who are the father‑in‑law, mother‑in‑law and husband of the complainant, sought to quash criminal proceedings filed under Sections 498A, 341, 323, 504, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act relating to alleged dowry harassment. The complainant (OP No.2) had earlier lodged the FIR but later, after a compromise in 2017, testified that she was living happily with her husband and did not wish to pursue the case. Both the petitioners and the complainant did not oppose the application, and the trial court had continued the case, even issuing a non‑bailable warrant. The High Court examined Supreme Court precedents on settlement of matrimonial disputes and the inherent power under Section 482 of the Cr.P.C. to prevent abuse of process. Finding that the parties had resolved their differences and that continuation of the trial would serve no purpose, the Court quashed the entire criminal proceeding.

Issues considered

  • Whether criminal proceedings for alleged dowry harassment and related offences can be quashed when the parties have reached a compromise and the complainant no longer wishes to pursue the case.
  • Whether the inherent power under Section 482 of the Cr.P.C. can be exercised to prevent abuse of process in matrimonial disputes involving non‑compoundable offences.

Legislation cited

Subjects

  • dowry harassment
  • criminal procedure
  • settlement
  • Section 482
  • abuse of process
  • matrimonial dispute
  • non‑compoundable offences
  • quashing of criminal proceedings

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.58554 of 2025
        Arising Out of PS. Case No.-13 Year-2014 Thana- MAHILA P.S. District- Madhubani
     ======================================================
1.    Kashi Nath Jha S/o Late Yadubanshi Jha Resident of village- B9 CISF
      Camp, P.S.- Indirapuram, Dist- Ghaziabad, Uttar Pradesh at present resident
      of Flat No. 710, Neelkanth Apartment, Kaushambi Sahibabad, Distt-
      Ghaziabad, U.P. PIN- 201010
2.   Bachhi Devi @ Bachhi Jha W/o Kashi Nath Jha Resident of village- B9
     CISF Camp, P.S.- Indirapuram, Dist- Ghaziabad, Uttar Pradesh at present
     resident of Flat No. 710, Neelkanth Apartment, Kaushambi Sahibabad,
     Distt- Ghaziabad, U.P. PIN- 201010
3.   Durga Nand Jha S/o Kashi Nath Jha Resident of village- B9 CISF Camp,
     P.S.- Indirapuram, Dist- Ghaziabad, Uttar Pradesh at present resident of Flat
     No. 710, Neelkanth Apartment, Kaushambi Sahibabad, Distt- Ghaziabad,
     U.P. PIN- 201010

                                                                       ... ... Petitioner/s
                                           Versus
1.   The State of Bihar Bihar
2.   Radha Jha W/o Durga Nand Jha, D/o Indra Kant Jha Resident of village- B9
     CISF Camp, P.S.- Indirapuram, Dist- Ghaziabad, Uttar Pradesh at present
     resident of Flat No. 710, Neelkanth Apartment, Kaushambi Sahibabad,
     Distt- Ghaziabad, U.P. PIN- 201010

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr. Raja Ram Mishra, Advocate
     For the Opposite Party/s :       Mr. Manoj Kumar, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
      Date : 19-01-2026
              Heard learned counsel for the petitioners and the learned

     APP appearing on behalf of the State.

                  2. The petitioners have preferred this application to

     quash the entire proceedings pending in connection with

     Madhubani Mahila P.S. Case No. 13 of 2014 dated 10.02.2014,

     GR No. 391/2014, TR No. 4045/2015, registered for the offences

     under Sections 498-A, 341, 323, 504 and 34 of the Indian Penal
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       Code and Section 3/4 of the Dowry Prohibition Act in the court of

       the learned Sub-Divisional Judicial Magistrate, Madhubani.

                    3. The facts giving rise to the present application is to

       the effect that the O.P. No. 2 filed a case before Madhubani Mahila

       Police Station alleging that she was married to petitioner no. 3,

       Durga Nand Jha on 17.06.2010. It has been alleged that initially

       the informant was kept well by her in-laws and her husband

       thereafter her in-laws and her husband started torturing her for

       non-fulfillment of dowry. It has further been alleged that petitioner

       no. 3, her husband left her at her village and since then she has

       been residing with her mother.

                    4. Learned counsel for the petitioners submit that the

       petitioners are father-in-law, mother-in-law and the husband of

       O.P. No. 2. It has been submitted that after investigation the police

       had submitted charge sheet against the petitioners for offences

       under Sections 498A and 34 of the Indian Penal Code and Sections

       3/4 of the Dowry Prohibition Act. It has been submitted that in the

       year 2017, the parties have entered into the compromise and the

       petitioners were granted bail and the O.P. No. 2 and the petitioner

       no. 3 re-started their conjugal life.

                    5. It has been submitted that the petitioners earlier

       moved for quashing of the FIR bearing Madhubani Mahila P.S.
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       Case No. 13 of 2014 by filing Cr. Misc. No. 20668 of 2015 but the

       same stood dismissed by order dated 23.06.2015 and thereafter the

       petitioners again moved for quashing of the order taking

       cognizance but the same was also withdrawn to raise the issues at

       an appropriate stage.

                    6. Learned counsel for the petitioners referring to the

       compromise petition, which has been brought as Annexure-P5, has

       stated that the petitioner no. 3 and the informant/O.P. No. 2 are

       living happily in Delhi and have three children. It has also been

       submitted that the deposition of the O.P. No. 2 was recorded in the

       trial on 30.07.2018, wherein she has categorically stated that she is

       residing with her husband and she is not willing to contest the case

       and she will not produce any further evidence in this case but

       despite the compromise and the said evidence on record the

       proceeding of the case before the learned Trial Court is still

       proceeding which amounts to an abuse of the process of law.

       Learned counsel for the petitioners has pointed out that petitioner

       no. 1 is a retired personnel from CISF, while petitioner no. 3 is an

       employee in National Human Rights Commission in Delhi.

                    7. It has been contended by the learned counsel for the

       petitioners that in view of the present situation where the parties

       have resolved their differences by filing a compromise petition
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       indicating therein that due to interference of well-wishers an

       amicable settlement has been reached between the parties and the

       informant has been residing and living a happy life with her

       husband and children for the last eight years, the continuation of

       the criminal proceedings against the petitioners is nothing but an

       abuse of the process of law and no useful purpose will be served to

       continue with the same.

                    8. Learned counsel appearing on behalf of the O.P. No. 2

       does not dispute the submissions made by the learned counsel for

       the petitioners and submits that the petitioner no. 3 and the O.P.

       No. 2 are living happily as husband and wife along with their three

       children. It has also been submitted that the O.P. No. 2 is not

       interested in pursuing the criminal proceedings and from the

       perusal of the entire order-sheet, it would be evident that even the

       informant/O.P. No. 2 has not been appearing before the learned

       Trial Court, however, the learned Trial Court has continued on

       with the said proceedings and has, in fact, recently even cancelled

       the bail-bonds of the petitioners and has issued non-bailable

       warrant of arrest. However, the O.P. No. 2 does not oppose the

       present application of the petitioners filed before this Court for

       quashing the entire proceedings.
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                    9. Having heard the learned counsel for the petitioners,

       learned counsel for the O.P. No. 2 as well as learned APP for the

       State,     this    Court     is   reminded           of   the   various   judicial

       pronouncements made by the Hon’ble Supreme Court and one

       passed in the case of Narinder Singh and Ors. vs. State of Punjab

       and Anr reported in (2014) 6 SCC 466, wherein the Hon’ble

       Supreme Court has given the guidelines and laid down the

       principles by which the High Court would be guided in giving

       adequate treatment to the settlement between the parties and

       exercising its power under Section 482 of the Cr.P.C., while

       accepting the settlement and quashing the proceedings all in the

       alternative refusing to accept the settlement which direction to

       continue with the criminal proceedings. The Hon’ble Supreme

       Court further elaborated that when the parties have reached the

       settlement and on that basis petition for quashing the criminal

       proceeding is filed, the guiding factor in such cases would be to

       secure:

                    (I) ends of justice,

                    (II) to prevent abuse of the process of any court.

                    10. The Hon’ble Supreme Court in paragraph 29.4

       observed as under:

                                           “29.4. On the other hand, those criminal
                                cases having overwhelmingly and predominantly
                                civil character, particularly those arising out of
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                                commercial transactions or arising out of
                                matrimonial relationship or family disputes should
                                be quashed when the parties have resolved their
                                entire disputes among themselves.”

                    11. The Hon’ble Supreme Court in a recent case of

       Mange Ram and Ors. vs. State of Madhya Pradesh and Anr.

       (2025 INSC 962), after referring to the earlier judgments on the

       issues of family members of the husband being unnecessarily

       roped into criminal proceedings in matrimonial discord has further

       laid down that continuation of criminal proceedings in a case

       where the parties have entered into compromise, even if the case is

       of    non-compoundable            offences,     especially   in   matters     of

       matrimony, it would only be an exercise in futility and the justice

       demands that the dispute between the parties is put to an end and

       peace is restored.

                    12. In the case of Gian Singh vs. State of Punjab

       reported in (2012) 10 SCC 303, the Hon’ble Supreme Court has

       held that the High Court invoking its inherent power may quash

       the criminal proceedings if it is satisfied that on the face of such

       settlement, there is hardly any likelihood of the offender being

       convicted and if the criminal proceedings are not quashed, justice

       shall be casualty and ends of justice shall be defeated.

                    13. It is relevant to point out here that in the present case

       the informant/O.P. No. 2, during her deposition has categorically
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       stated that she is residing with her husband and she does not wish

       to contest the present case.

                    14. The Hon’ble Supreme Court in the case of Naushey

       Ali and Ors. vs. State of Uttar Pradesh and Anr. reported in

       (2025) 4 SCC 78 has observed that in a case where the parties have

       amicably settled their dispute the proceeding with the trial would

       be futile and it would be a grave abuse of process of law if the

       proceedings are not quashed.

                    15. In view of the aforesaid facts and circumstances of

       the case and taking into account the submissions made on behalf

       of the parties, this Court is of the considered view that in the event

       of restitution of conjugal rights between the parties, after a

       compromise having been entered between them, the continuation

       of criminal proceedings would serve no purpose especially for the

       fact that the result of the trial is a foregone conclusion and there is

       no dispute between the parties alive.

                    16. Accordingly, this Court in order to bring quietus to

       the personal dispute between the parties, as they have settled

       amongst themselves, this Court invoking the inherent jurisdiction

       under Section 482 of the Cr.P.C. is of the opinion that continuation

       of the criminal proceeding would amount to abuse of the process

       of the court and, therefore, the entire proceedings arising out of
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                    Madhubani Mahila P.S. Case No. 13 of 2014 dated 10.02.2014,

                    GR No. 391/2014, TR No. 4045/2015 is, hereby, quashed as

                    against the petitioners.

                                 17. The application stands allowed.



                                                (Sourendra Pandey, J)
krishna/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          22.01.2026
Transmission Date       22.01.2026


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