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Patna High Court

ARUN KUMAR @ ARUN KUMAR BHAGATversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the criminal proceedings, holding that the settlement between the parties rendered the prosecution futile and an abuse of process.

Summary

The petitioners, who are the father‑in‑law, mother‑in‑law and brother‑in‑law of the complainant, sought quashing of criminal proceedings instituted under IPC Sections 323 and 498A and Section 4 of the Dowry Prohibition Act. The complaint alleged dowry demand and torture, but during anticipatory bail proceedings the husband and wife reached a mutual‑consent divorce and a settlement of Rs. 18.5 lakh, of which most was already paid. Both sides submitted a supplementary affidavit confirming the compromise. Relying on the Supreme Court’s pronouncements that even non‑compoundable offences may be quashed where the parties have settled, the High Court held that continuation of the prosecution would be futile and an abuse of process. Consequently, the order taking cognizance and the entire prosecution were quashed, and the petition was allowed.

Issues considered

  • Whether criminal proceedings for non‑compoundable offences (IPC 323, 498A and Dowry Act 4) can be quashed on the ground of a settlement between the parties.
  • Whether the High Court can exercise its inherent power under Section 482 Cr.P.C. to quash such proceedings.
  • Whether continuation of prosecution against family members in a matrimonial dispute amounts to an abuse of process.

Legislation cited

Subjects

  • quash
  • compromise
  • dowry
  • non‑compoundable offence
  • Section 482
  • abuse of process
  • matrimonial dispute
  • settlement
  • criminal proceedings
  • family members

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.74594 of 2023
     Arising Out of PS. Case No.-2921 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE
                                      District- Muzaffarpur
     ======================================================
1.    Arun Kumar @ Arun Kumar Bhagat S/O Late Mahavir Bhagat R/O
      Gangwara, Kranti Chauk, P.O- Sara Mohanpur, P.S- Town Darbhanga,
      Distt.- Darbhanga.
2.   Meera Bhagat W/O Arun Kumar Bhagat R/O Gangwara, Kranti Chauk, P.O-
     Sara Mohanpur, P.S- Town Darbhanga, Distt.- Darbhanga.
3.   Prince Kumar @ Prince Kumar Bhagat S/O Arun Bhagat R/O Gangwara,
     Kranti Chauk, P.O- Sara Mohanpur, P.S- Town Darbhanga, Distt.-
     Darbhanga.

                                                                 ... ... Petitioner/s
                                        Versus
1.   The State of Bihar
2.   Annu kumari @ sweeti w/o banti kumar, d/o jageshwar bhagat r/o gangwara,
     kranti chauk, p.o- sara mohanpur, p.s- town darbhanga, distt.- Darbhanga. At
     present resident of village and p.o- khabara, p.s- sadar, distt.- Muzaffarpur.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Surya Kant Mishra Advocate
                                    Mr. Alok Ranjan, Advocate
                                    Ms. Lakshmi Kumari, Advocate
     For the State          :       Mrs. Madhuri Lata, A.P.P.
     For the O.P. No. 2     :       Mr. Krishna Kant Singh, Advocate
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
     ORAL JUDGMENT
     Date : 03-02-2026
                      Heard Mr. Surya Kant Mishra, the learned counsel for

      the petitioner assisted by Mr. Alok Ranjan and Ms. Lakshmi Kumari,

      the learned advocates, Mrs. Madhuri Lata, the learned A.P.P. for the

      State and Mr. Krishna Kant Singh, the learned counsel appearing for

      the opposite party no. 2.

                    2. The present application has been filed for quashing of

      the order taking cognizance dated 19.07.2023 under Sections 323 and

      498 (A) of the I.P.C and Section 4 of the Dowry Prohibition Act
Patna High Court CR. MISC. No.74594 of 2023 dt.03-02-2026
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         passed by the learned S.D.J.M, East Muzaffarpur in connection with

         complaint case no. 2921 of 2022.

                      3. The petitioners before this Court are the father-in-law,

         mother-in-law and brother-in-law of the opposite party no. 2.

                      4. The allegations in the complaint related to demand of

         dowry and torture at the hands of the accused persons. However, the

         subsequent development in this case is that during the anticipatory

         bail proceedings of the husband of the opposite party no. 2, Banti

         Kumar, a compromise had been arrived at between the parties and in

         pursuance to such compromise, a matrimonial case for dissolution of

         marriage with mutual consent under Section 13 ‘B’ of the Hindu

         Marriage Act,1955 was filed before the family court, Muzaffarpur

         vide matrimonial case no. 319 of 2025. The joint statement in the

         said case has been brought on record by way of supplementary

         affidavit indicating the fact that on account of one time settlement

         between the parties an amount of Rs. 18,50,000/- (Eighteen Lakh and

         Fifty Thousand) was agreed towards full and final settlement

         between the parties, out of which 17,75,000/- (Seventeen Lakh and

         Seventy Five Thousand) has already been received by the opposite

         party no. 2 from her husband Banti Kumar. With regard to the

         remaining amount of Rs. 75,000/- (Seventy Five Thousand) it has

         been agreed to be paid through demand draft at the time of recording

         second motion statement.

                      5. In view of the supplementary affidavit filed before this
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         court indicating a compromise between the parties and also upon the

         learned counsels appearing for both the sides confirming the said

         factum of compromise, continuation of criminal prosecution would

         serve    no     useful    purpose     and     there   are   several   judicial

         pronouncements to the effect that even in the case of compromise in

         non-compoundable offences, the power under Section 482 of Cr.P.C.

         ought to be exercised for quashing of prosecution where the parties

         have settled the matter and the complainant does not want to pursue

         the case any further.

                       6. In a very recent case of Mange Ram Vs. State of

         Madhya Pradesh and Anr. [2025 INSC 962], the Hon’ble Supreme

         Court after discussing the earlier judgments on the issue of family

         members of the husband being unnecessarily roped into criminal

         proceedings in matrimonial discord, has laid down that continuation

         of criminal proceedings, in the event of a compromise between

         parties even in case of non-compoundable offences, especially in

         matters of matrimony, would only be an exercise in futility and

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

         and peace is restored.

                       7. Such observation has been made with specific reference

         to offence arising out of matrimonial dispute particularly relating to

         dowry etc., or a family dispute where the wrong is committed with

         the offender and the victim have settled dispute between them.

                       8. In the case of Gian Singh Vs. State of Punjab reported
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         in (2012) 10 SCC 303, it had been held by the Hon’ble Supreme

         Court that High Court within the framework of 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 by not quashing criminal proceedings, justice

         shall itself be a casualty and ends of justice shall be defeated.

                      9. In the case of Naushey Ali vs. State of U.P., reported in

         (2025) 4 SCC 78, there is clear-cut observation by the Hon’ble

         Supreme Court that when the parties have amicably resolved the

         dispute, proceeding with the trial 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.

                      10. Taking into consideration the entire facts and

         circumstances of the case and the submissions made on behalf of the

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

         resolution of dispute between the parties, the continuation of criminal

         proceedings against the family members of the husband of the

         complainant/opposite party no.2, especially, in absence of any

         specific allegations, would serve no legitimate purpose as has been

         held in the case of Mange Ram (supra), it would only prolong

         bitterness between the parties and unnecessarily burden the justice

         system, especially when the disputes are no longer live.

                       11. Accordingly, considering it to be the duty of this
             Patna High Court CR. MISC. No.74594 of 2023 dt.03-02-2026
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                      Court to bring quietus to personal disputes that have already been

                      settled between the parties, this Court would consider the

                      continuation of the criminal proceedings as abuse of the process of

                      the Court. Consequently, the impugned order dated 19.07.2023

                      passed by the learned S.D.J.M, East Muzaffarpur in connection with

                      Complaint Case No. 2921 of 2022 and the entire prosecution arising

                      therefrom stands quashed as against the present petitioners.

                                   12. Accordingly, the present application on behalf of

                      petitioners stands allowed.




                                                 (Soni Shrivastava, J)
vashudha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          05.02.2026
Transmission Date       NA


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