Created by Fuzzy Cloud

Patna High Court

Anant Kumar Sahu @ Anant Sahu and OrsversusState Of Bihar and Anr

Decided
Disposal
ALLOWED

Holding

The High Court may quash criminal proceedings arising from matrimonial disputes, even if the offences are non‑compoundable, when a genuine settlement exists and continuation would be an abuse of process.

Summary

The petitioners filed an application under Section 482 of the CrPC seeking quashal of the order of cognizance dated 26.05.2017, which had taken cognizance of offences under Sections 498A, 323, 504/34 IPC and Sections 3 and 4 of the Dowry Prohibition Act against them. The case arose from a matrimonial dispute in which the wife alleged dowry demands, cruelty and assault, but the parties later entered into a joint compromise and the husband and his father‑in‑law died during the pendency of the proceedings. Both the complainant and the State expressed no objection to terminating the criminal action. The High Court examined the scope of its inherent power under Section 482, noting that although the offences are non‑compoundable, the dispute was predominantly private and settled amicably. Relying on Supreme Court precedents, the Court held that quashing was appropriate to prevent abuse of process and to serve the ends of justice. Consequently, the order of cognizance and the entire criminal proceeding were quashed, and the petition was allowed.

Issues considered

  • Whether criminal proceedings under non‑compoundable offences (498A IPC, etc.) can be quashed on the ground of a genuine settlement in a matrimonial dispute.
  • Whether the High Court's inherent jurisdiction under Section 482 CrPC extends to cases involving dowry‑related offences when the parties have compromised.
  • Whether continuation of the prosecution would amount to an abuse of process in view of the death of principal accused and the complainant's desire not to pursue the case.

Legislation cited

Subjects

  • dowry harassment
  • miserable matrimonial dispute
  • Section 498A
  • quash of criminal proceedings
  • inherent jurisdiction
  • compromise settlement
  • non‑compoundable offence
  • abuse of process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9848 of 2018
                     Arising Out of PS. Case No.-601 Year-2016 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
           1.     Anant Kumar Sahu @ Anant Sahu S/o Krishna Kumar Sahu @ Krishna
                  Prasad Sahu,
           2.    Krishna Kumar Sahu @ Krishna Prasad Sahu, S/o Late Rajaram Sahu,
           3.    Manorama Devi @ Manorama Sahu, W/o Sri Krishna Prasad Sahu,
           4.    Amrita Sahu D/o Krishna Kumar Sahu @ Krishna Prasad Sahu, W/o Ajay
                 Kumar,
           5.    Anita Sahu D/o Krishna Kumar Sahu @ Krishna Pd. Shau, All R/o Bagicha
                 Para Road, Bhawani Patna, P.S. Sadar Bhawani Patna, District-Kalahandi
                 (Odisa) Presently residing at Village- 503 Tower Parasnath Palatinum
                 Swarnnagari, P.S.- Kasna, District- Gautam Budha nagar, Greater Noida
                 U.P.0.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Sweta Sahu D/o Ramnath Prasad Gupta, R/o Pali Road Kutiya Mandir,
                 Shuvganj, P.S.- Dehri, District- Rohtas. At present Residing at 503 Tower
                 Parasnath Platanium Swarnnagari P.S.- Kasna, Distt. Gautam Budha Nagar,
                 Greater Noida U.P..

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar Mishra, Advocate
                                                  Mr. Kanhiaya, Advocate
                                                  Mr. Abhishek Kumar, Advocate
                 For the State            :       Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 For the Opposite Party/s :       Mr. Tiwari Shwetketu, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

5   19-02-2026                      Heard learned counsel for the petitioners, learned

                   counsel for O.P. No. 2 and learned A.P.P. for the State.

                                 2. The present application has been filed on behalf of

                   the petitioners under Section 482 Cr.P.C. for quashing the order

                   of cognizance dated 26.05.2017 passed by the learned S.D.J.M.,

                   Dehri, Rohtas (hereinafter referred to as ‘Magistrate’) in Dehri
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            2/13




          (T) P.S. Case No. 601 of 2016 wherein learned Magistrate took

          cognizance of the offences under Sections 498A, 323, 504/34 of

          the Indian Penal Code, 1860 and under Sections 3 and 4 of the

          Dowry Prohibition Act, 1961 against the petitioners.

                       3. The case arises out of Dehri (T) P.S. Case No. 601

          of 2016 instituted on the basis of the self-statement of O.P. No.

          2. As per the F.I.R., the marriage of O.P. No.2 was solemnized

          with petitioner no.1, Anant Sahu (now deceased), on 19.05.2013

          at Dehri Town in accordance with Hindu rites and rituals. After

          marriage, she initially resided with her husband at Hyderabad,

          where he was employed, and thereafter shifted with him to

          Greater Noida upon his transfer. It is alleged that after some

          time of marriage, she was subjected to cruelty and physical

          assault by her husband and other in-laws (petitioner nos.2 to 5).

          The O.P. No.2 has further alleged that at the time of marriage,

          cash of Rs. 8,00,000/- and jewellery worth approximately Rs.

          10,00,000/- were given by her family under pressure to the

          petitioners, yet the accused persons remained dissatisfied and

          continued to subject her to harassment for further demands. It

          has been further alleged that during her pregnancy she was

          mercilessly assaulted, which compelled her to return to her

          parental home. Thereafter, on intervention of well-wishers from
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            3/13




          both sides, the husband executed a bond dated 28.09.2015

          assuring proper care, respect and security to her. According to

          the F.I.R., although there was temporary normalcy, the alleged

          harassment continued. It is also alleged that subsequently the

          husband started his own business and obtained a personal loan

          of Rs. 8,75,000/- in the name of the informant from HDFC Bank

          for investment in his business, along with a credit card facility

          of Rs. 2,00,000/-. Upon repayment of the loan, pressure was

          allegedly exerted upon her to arrange money from her parental

          family. The informant has further alleged that on 27.10.2016,

          while residing at Greater Noida, she was again assaulted by her

          husband and in-laws, after which she returned to her parental

          home and lodged the present F.I.R.

                        4. During the pendency of the present application, the

          subsequent development in this case is that both the parties

          (petitioner no.1 and O.P. No.2) have appeared before the learned

          District and Sessions Judge, Sasaram, Rohtas in A.B.P. No. 214

          of 2017 and have filed a joint compromise petition stating that

          they have amicably resolved all their matrimonial disputes

          resuming cohabitation as husband and wife and they do not

          want     to    continue      further     litigation. The   parties   have

          unequivocally stated that the compromise has been entered into
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            4/13




          voluntarily, without any force, fraud or coercion. In the

          meantime, the husband and father-in-law of the O.P. No.2, who

          are petitioner nos. 1 and 2 respectively in the present petition

          have already died.

                       5. Learned counsel appearing on behalf of the

          petitioners submits that during the pendency of the present

          application, petitioner no.1 (husband of O.P. No.2) and

          petitioner no.2 (father-in-law of O.P. No.2) have unfortunately

          expired and, as such, the criminal proceeding against them

          stands abated. It is further submitted that the dispute, which was

          purely matrimonial in nature, had already been amicably

          resolved between the husband and O.P. No. 2 during their

          lifetime. It is submitted that a compromise petition dated

          23.02.2017 was filed before learned District and Sessions Judge,

          Sasaram, Rohtas, wherein both parties had voluntarily stated

          that they had settled their differences and were living together

          peacefully without any grievance against each other. It is further

          submitted that in view of the said compromise and the

          subsequent       developments,           continuation   of   the   criminal

          proceeding against the remaining petitioners (petitioner nos.3 to

          5), who are family members of the petitioner no.1, would serve

          no useful purpose and would amount to abuse of the process of
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            5/13




          the Court. Learned counsel submits that the allegations in the

          F.I.R. are omnibus in nature so far as the remaining in-laws are

          concerned, and in light of the settlement already arrived at

          between the husband and wife, the substratum of the case no

          longer survives. Learned counsel, therefore, prayed that the

          proceeding be quashed in the interest of justice.

                       6. Learned counsel for O.P. No. 2 submits that in view

          of the compromise dated 23.02.2017 entered into between the

          husband and wife, and considering the subsequent developments

          including the death of petitioner nos.1 and 2, the O.P. No.2 does

          not wish to pursue the criminal proceeding any further. It is

          submitted that the dispute was matrimonial in nature and had

          already been amicably resolved between the parties during the

          lifetime of the husband (petitioner no.1). Therefore, learned

          counsel for O.P. No.2 has no objection if the present proceeding

          is brought to an end in the interest of justice.

                       7. Learned A.P.P. for the State, in view of the

          compromise arrived at between the parties as well as the death

          of petitioner nos.1 and 2, submits that the State has no serious

          objection to the prayer made by the petitioners. It is submitted

          that since the matter arises out of a matrimonial dispute and the

          informant herself does not intend to proceed with the case,
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            6/13




          appropriate orders may be passed by this Court in accordance

          with law.

                       8. Having heard the submissions and upon perusal of

          the materials available on record, at this stage, it is apposite to

          reiterate the nature of crime under Section 498A along with

          Sections 323, 504/34, of the Indian Penal Code and Sections 3

          and 4 of the Dowry Prohibition Act along with the principles

          guiding the scope thereto.

                       9. It is well settled that although offences under

          Section 498A of the Indian Penal Code and allied provisions are

          non-compoundable, the High Court, in exercise of its inherent

          powers under Section 482 of the Code of Criminal Procedure,

          may quash criminal proceedings if the dispute is predominantly

          private and arises out of matrimonial discord, and the parties

          have settled the matter amicably. The Hon’ble Supreme Court in

          B.S. Joshi and Ors. v. State of Haryana and Anr., reported in

          (2003) 4 SCC 675; Gian Singh v. State of Punjab and Anr.,

          reported in (2012) 10 SCC 303; Narinder Singh and Ors. v.

          State of Punjab and Anr., reported in (2014) 6 SCC 466; and

          Parbatbhai Aahir and Ors. v. State of Gujarat and Anr.,

          reported in (2017) 9 SCC 641 has held that in cases having

          overwhelmingly          civil    or      personal   flavour,   particularly
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            7/13




          matrimonial disputes, the High Court may quash the

          proceedings to secure the ends of justice and to prevent abuse of

          the process of Court, provided the compromise is genuine and

          voluntary. However, such power is to be exercised with caution,

          having regard to the nature and gravity of the offence.

                       10. The Hon’ble Supreme Court in B.S. Joshi (supra)

          has held on the point of genuine settlement between the parties,

          as under:

                                  “12. The special features in such
                                  matrimonial matters are evident. It becomes
                                  the duty of the court to encourage genuine
                                  settlements of matrimonial disputes.”

                       11. Moreover, the Hon’ble Supreme Court on power

          of the High Court within the framework of its inherent

          jurisdiction to quash a case with respect to subsequent

          settlement has held in Gian Singh (supra) as under:

                                  “61. ………...But the criminal cases having
                                  overwhelmingly and predominatingly civil
                                  flavour stand on a different footing for the
                                  purposes of quashing, particularly the
                                  offences arising from commercial, financial,
                                  mercantile, civil, partnership or such like
                                  transactions or the offences arising out of
                                  matrimony relating to dowry, etc. or the
                                  family disputes where the wrong is basically
                                  private or personal in nature and the parties
                                  have resolved their entire dispute. In this
                                  category of cases, the High Court may quash
                                  the criminal proceedings if in its view,
                                  because of the compromise between the
                                  offender and the victim, the possibility of
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            8/13




                                  conviction is remote and bleak and
                                  continuation of the criminal case would put
                                  the accused to great oppression and
                                  prejudice and extreme injustice would be
                                  caused to him by not quashing the criminal
                                  case despite full and complete settlement
                                  and compromise with the victim. In other
                                  words, the High Court must consider
                                  whether it would be unfair or contrary to the
                                  interest of justice to continue with the
                                  criminal proceeding or continuation of the
                                  criminal proceeding would tantamount to
                                  abuse of process of law despite settlement
                                  and compromise between the victim and the
                                  wrongdoer and whether to secure the ends of
                                  justice, it is appropriate that the criminal
                                  case is put to an end and if the answer to the
                                  above question(s) is in the affirmative, the
                                  High Court shall be well within its
                                  jurisdiction to quash the criminal
                                  proceeding.”

          A similar view has been reiterated by the Hon’ble Apex Court in

          Narinder Singh (supra)

                          12. Insofar as the principles governing quashing of

          a complaint/cognizance/criminal proceeding on the basis of

          compromise or settlement between the parties, the Hon’ble

          Supreme Court has held in Parbatbhai Aahir (supra) as under:

                                  “16.The broad principles which emerge from
                                  the precedents on the subject, may be
                                  summarised in the following propositions:
                                  16.1. Section 482 preserves the inherent
                                  powers of the High Court to prevent an
                                  abuse of the process of any court or to
                                  secure the ends of justice. The provision does
                                  not confer new powers. It only recognises
                                  and preserves powers which inhere in the
                                  High Court.
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                            9/13




                                  16.2. The invocation of the jurisdiction of the
                                  High Court to quash a first information
                                  report or a criminal proceeding on the
                                  ground that a settlement has been arrived at
                                  between the offender and the victim is not
                                  the same as the invocation of jurisdiction for
                                  the purpose of compounding an offence.
                                  While compounding an offence, the power of
                                  the court is governed by the provisions of
                                  Section 320 of the Code of Criminal
                                  Procedure, 1973. The power to quash under
                                  Section 482 is attracted even if the offence is
                                  non-compoundable.
                                  16.3. In forming an opinion whether a
                                  criminal proceeding or complaint should be
                                  quashed in exercise of its jurisdiction under
                                  Section 482, the High Court must evaluate
                                  whether the ends of justice would justify the
                                  exercise of the inherent power.
                                  16.4. While the inherent power of the High
                                  Court has a wide ambit and plenitude it has
                                  to be exercised (i) to secure the ends of
                                  justice, or (ii) to prevent an abuse of the
                                  process of any court.
                                  16.5. The decision as to whether a complaint
                                  or first information report should be
                                  quashed on the ground that the offender and
                                  victim have settled the dispute, revolves
                                  ultimately on the facts and circumstances of
                                  each case and no exhaustive elaboration of
                                  principles can be formulated.
                                  16.6. In the exercise of the power under
                                  Section 482 and while dealing with a plea
                                  that the dispute has been settled, the High
                                  Court must have due regard to the nature
                                  and gravity of the offence. Heinous and
                                  serious offences involving mental depravity
                                  or offences such as murder, rape and dacoity
                                  cannot appropriately be quashed though the
                                  victim or the family of the victim have settled
                                  the dispute. Such offences are, truly
                                  speaking, not private in nature but have a
                                  serious impact upon society. The decision to
                                  continue with the trial in such cases is
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                           10/13




                                  founded on the overriding element of public
                                  interest in punishing persons for serious
                                  offences.
                                  16.7. As distinguished from serious offences,
                                  there may be criminal cases which have an
                                  overwhelming or predominant element of a
                                  civil dispute. They stand on a distinct footing
                                  insofar as the exercise of the inherent power
                                  to quash is concerned……………………”

                          13. In the recent judgment of the Hon’ble Supreme

          Court in Mange Ram v. State of Madhya Pradesh and Anr.,

          reported in 2025 SCC OnLine SC 1681 has observed as under:

                                  “29. A three-Judge Bench of this Court in
                                  State of M.P. v. Laxmi Narayan, (2019) 5
                                  SCC 688, observed in paragraph 15.5
                                  thereof that while exercising power under
                                  Section 482 CrPC to quash the criminal
                                  proceedings in respect of non-compoundable
                                  offences, which are private in nature and do
                                  not have a serious impact on society, on the
                                  ground that there is a settlement/compromise
                                  between the victim and the offender, it is
                                  necessary to consider the antecedents of the
                                  accused; the conduct of the accused, namely,
                                  whether the accused was absconding and
                                  why he was absconding, how he had
                                  managed with the complainant to enter into
                                  a compromise, etc.
                                                   xxx xxx xxx
                                  32. In Naushey Ali v. State of U.P., (2025) 4
                                  SCC 78, one of us (Viswanathan, J.)
                                  observed in paragraph 32 that proceeding
                                  with the trial, when the parties have
                                  amicably resolved the dispute, 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.”
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                           11/13




                       14. Having considered the submissions advanced on

          behalf of the parties and upon perusal of the materials available

          on record, it appears that the prosecution case arises out of a

          matrimonial dispute between petitioner no.1 (husband) and O.P.

          No. 2. The allegations in the F.I.R. relate to demand of dowry

          and alleged acts of cruelty said to have been committed after the

          marriage while the parties were residing at Hyderabad and

          thereafter at Greater Noida. It further transpires from the record

          that during the pendency of the proceeding before the learned

          District and Sessions Judge, Sasaram, Rohtas, the parties

          entered into an amicable settlement and a joint compromise

          petition dated 23.02.2017 was filed, wherein it was stated that

          they had resolved their differences and were living together

          peacefully.

                       15. Further, it is also not in dispute that petitioner no.1

          (husband) and petitioner no.2 (father-in-law) have since expired

          during the pendency of the present proceeding. O.P. No. 2,

          through the learned counsel, has categorically stated before this

          Court that she does not intend to pursue the criminal case any

          further. The learned A.P.P. for the State has also expressed no

          objection in view of the compromise and the subsequent

          developments. In the aforesaid factual backdrop, it is evident
Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                           12/13




          that the substratum of the dispute was matrimonial in nature and

          stood amicably resolved between the principal parties during

          their lifetime. In view of the compromise, the death of the

          husband and father-in-law, and the clear stand of the O.P. No.2

          that she does not wish to proceed further, continuation of the

          criminal proceeding against the remaining accused persons

          would serve no fruitful purpose and would not advance the ends

          of justice.

                        16.   Accordingly,         in   view   of   the   facts   and

          circumstances of the case, the submissions advanced on behalf

          of the parties, and the settled legal position governing quashing

          of criminal proceedings on the basis of compromise, this Court

          is of the considered opinion that it is a fit case for exercise of

          inherent jurisdiction. The impugned order dated 26.05.2017

          taking cognizance for the offences under Sections 498A, 323,

          504/34 of the Indian Penal Code, 1860 and under Sections 3 and

          4 of the Dowry Prohibition Act, 1961 passed by the learned

          S.D.J.M., Dehri, Rohtas in Dehri (T) P.S. Case No. 601 of 2016

          as well as the entire criminal proceeding arising therefrom, are

          hereby quashed.

                        17. Accordingly, the present Criminal Miscellaneous

          application stands allowed.
              Patna High Court CR. MISC. No.9848 of 2018(5) dt.19-02-2026
                                                         13/13




                                     18. Let a copy of this order be communicated to the

                        learned Court concerned forthwith.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.