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Patna High Court

Raj Kumari @ Raj Kumari DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that, in view of the amicable settlement and the settled law, continuation of the criminal proceedings would not be in the interest of justice and therefore quashed the FIR and charge‑sheet.

Summary

The petitioners sought quashing of FIR No.81 of 2024 and charge‑sheet No.80 of 2025 filed under Section 64 of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act, alleging that the complainant was induced into a physical relationship under a false promise of marriage and dowry demand. The complainant and the accused later entered into a marriage and filed a joint compromise petition, claiming the dispute was amicably settled and further prosecution would damage their reputation. The petitioners relied on Supreme Court judgments permitting quash of non‑compoundable offences in the interest of justice when parties have settled. The Court examined the settled position of law and the facts, concluding that continuation of the criminal proceedings would not serve the interest of justice. Consequently, the Court quashed the FIR, charge‑sheet and all related criminal proceedings.

Issues considered

  • Whether criminal proceedings for offences under Section 64 of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act can be quashed on the ground of a mutual compromise despite being non‑compoundable.
  • Whether the interest of justice permits the court to quash an FIR and charge‑sheet after a settlement between the parties.

Legislation cited

Subjects

  • criminal procedure
  • quash of FIR
  • compromise settlement
  • non‑compoundable offence
  • dowry prohibition
  • interest of justice
  • Section 64 B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80457 of 2024
                       Arising Out of PS. Case No.-81 Year-2024 Thana- MAHILA P.S. District- Patna
                 ======================================================
           1.     Raj Kumari @ Raj Kumari Devi wife of Sri Bikau Bhagat Resident of
                  Village- Mukhiypatti, Ward No. 4, P.S.- Saharghat, Distt.- Madhubani
           2.    Bikau Bhagat Son of Palat Bhagat Resident of Village- Mukhiypatti, Ward
                 No. 4, P.S.- Saharghat, Distt.- Madhubani
           3.    Samarjeet Bhagat Son of Sri Bikau Bhagat Resident of Village- Mukhiypatti,
                 Ward No. 4, P.S.- Saharghat, Distt.- Madhubani

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Priyanka Kumari D/O- Sri Sahanand Prasad Resident of S.P. Griham
                 Apartment, Flat No. C/401, Ashiyana Digha Rad, Ramnagari Turning, P.S.-
                 Rajiv Nagar, Distt.- Patna


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Singh, APP
                                                   Mr. Kamal Kishore Sinha, Advocate
                                                   Mr. Digvijay Kumar Ojha , Advocate
                                                   Mr. Akshay Kumar , Advocate
                                                   Mr. Savitesh Kumar , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   18-06-2026                  Heard learned counsel for the petitioners, learned

                   counsel for the State and learned counsel for the opposite party

                   no. 2.

                                2. The present application has been filed for quashing

                   of FIR bearing Mahila P.S. Case No. 81 of 2024, registered for

                   the offences under Section 64 of the B.N.S. and also under

                   Section 3 and 4 of the Dowry Prohibition Act. Through I.A. No.

                   01 of 2026, a prayer has been made to quash the charge-sheet
Patna High Court CR. MISC. No.80457 of 2024(3) dt.18-06-2026
                                            2/4




          no.80 of 2025 dated 31.05.2025 filed in the present case after

          the conclusion of investigation.

                       3. The prosecution case, in brief, is that the informant,

          Priyanka Devi, submitted a written report before the Officer-in-

          Charge, Mahila Police Station, Gardanibagh, Patna, alleging that

          her engagement with the petitioner no. 3, Samarjeet Bhagat was

          performed on 18.11.2022 at A.V.R. Hotel, Patna in the presence

          of relatives and friends. It is alleged that thereafter the accused

          induced her to develop physical relation on false assurance of

          marriage. It is further alleged that on different occasions,

          including at Patna and Bangalore, she was subjected to sexual

          intercourse under the pretext of marriage and was subsequently

          threatened not to disclose the same. Allegations of demand of

          dowry of Rs. 35 lakhs have also been levelled against co-

          accused persons.

                       4. Today, the matter was taken for hearing. The

          learned counsel for the petitioners as well as the learned counsel

          for the opposite party no. 2 has drawn attention of this Court to

          joint compromise petition filed by the parties. It has been

          submitted that the parties have entered into a compromise

          without any coercion, threat or promise and the allegation was

          primarily with respect to entering into physical relationship on
Patna High Court CR. MISC. No.80457 of 2024(3) dt.18-06-2026
                                            3/4




          the false pretext of marriage. Learned counsel for the parties

          have submitted that petitioner no. 3,namely, Samarjeet Bhagat

          and O.P. No. 2 have been married and they are living peacefully

          with their respective spouses. It has further been submitted that

          if the prosecution is allowed to continue, the image of the

          parties in the society would be tarnished and there might be

          turmoil in their respective matrimonial relationships.

                       5. Learned counsel for the petitioners has placed

          reliance on a judgment of the Hon’ble Supreme Court in the

          case of Amol Bhagwan Nehul v/s State of Maharashtra & Anr

          reported as 2025 SCC OnLine SC 1230 as well as the another

          judgment of the Hon’ble Supreme Court in the case of Naim

          Ahamed V/s State (NCT of Delhi) reported in 2023 SCC

          OnLine SC 89 and has submitted that even at the stage of FIR

          and even if the offence being non-compoundable one, in the

          interest of justice, the same can be quashed.

                       6. Heard the submissions of learned counsel for the

          parties and perused the materials on record including the

          compromise petition. It appears that the dispute between the

          parties has been amicably settled.

                       7. In view of the settled position of law laid down by

          the Hon’ble Supreme Court and considering the totality of facts
              Patna High Court CR. MISC. No.80457 of 2024(3) dt.18-06-2026
                                                          4/4




                        and circumstances of the case, this Court is of the opinion that

                        continuation of the criminal proceedings would now not be in

                        the interest of justice.

                                     8. Accordingly, the entire criminal proceedings arising

                        out of Mahila P.S. Case No. 81 of 2024, including Charge Sheet

                        No. 80 of 2025 dated 31.05.2025, are hereby quashed.

                                     9. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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