Patna High Court
Ajit Kumar @ Ajeet Kumar @ Ajit Kumar … vs The State Of Bihar on 27 June, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22311 of 2025
Arising Out of PS. Case No.-309 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Rupam Singh Wife Of Ajit Kumar @ Ajit Kumar Singh Resident Of Of
Birkuwar Singh Path, Nahaza Chouk, Ps-Dumra, District-Sitamarhi
2. Rashmi Singh D/O- Ajit Kumar @ Ajit Kumar Singh Resident Of Of
Birkuwar Singh Path, Nahaza Chouk, Ps-Dumra, District-Sitamarhi
3. Ankit Kumar Son Of Ajit Kumar @ Ajit Kumar Singh Resident Of Of
Birkuwar Singh Path, Nahaza Chouk, Ps-Dumra, District-Sitamarhi
4. Ajit Kumar @ Ajit Kumar Singh Son Of Late Chandrika Singh Resident Of
Of Birkuwar Singh Path, Nahaza Chouk, Ps-Dumra, District-Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vijay Kumar Singh Son Of Mahavir Singh Resident Of Village-
Bhakurahiya, P.S.- Patahi, Distt.- East Champaran
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 41902 of 2023
Arising Out of PS. Case No.-1917 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Ajit Kumar @ Ajeet Kumar @ Ajit Kumar Singh S/O Late Chandrika Singh
R/O Birkuwar Singh Path Nahara Chowk, Police Station- Dumra, Distt.-
Sitamarhi.
2. Rupam Singh W/O Ajit Kumar @ Ajeet Kumar @ Ajit Kumar Singh R/O
Birkuwar Singh Path Nahara Chowk, Police Station- Dumra, Distt.-
Sitamarhi.
3. Pankaj Kumar @ Pankaj Kumar Singh S/O Late Kailash Singh R/O
Birkuwar Singh Path Nahara Chowk, Police Station- Dumra, Distt.-
Sitamarhi.
4. Punam Kumari @ Poonam Devi @ Punam Singh W/O Jitendra Singh R/O
Mahabir Chowk, Transport Nagar, Police Station- Piprauli, Distt.-
Gorakhpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Namrata Singh W/O Ankit Kumar, D/O Vijay Kumar R/O Village-
Bhakurahiya, P.S- Patahi, Distt.- East Champaran.
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
2/11
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 29945 of 2024
Arising Out of PS. Case No.-955 Year-2022 Thana- SITAMARHI District- Sitamarhi
======================================================
Ankit Kumar S/O Vijay Kumar Singh R/O Village - Bhakurahiya, P.S. -
Patahi, District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rashmi Kumari D/o Ajeet Kumar Singh R/o Mohalla - Veer Kunwar Singh
Path, Naahar Chowk, P.S.- Sitamarhi, Distt. - Sitamarhi
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 30546 of 2024
Arising Out of PS. Case No.-946 Year-2022 Thana- SITAMARHI District- Sitamarhi
======================================================
1. Ankit Kumar Son Of Vijay Kumar Singh Resident Of Village - Bhakurahiya,
P.S. - Patahi, District - East Champaran
2. Rakesh Singh Son Of Doon Bahadur Singh Resident Of Village -
Bhakurahiya, P.S. - Patahi, District - East Champaran
3. Vijay Kumar Singh Son Of Late Mahavir Singh Resident Of Village -
Bhakurahiya, P.S. - Patahi, District - East Champaran
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Ajit Kumar Singh Son Of Late Chandrika Singh Resident Of Veer Kunwar
Singh Path, Naahar Chowk, P.S. - Sitamarhi, District - Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 22311 of 2025)
For the Petitioner/s : Mr. Sunil Prasad Singh, Adv.
For the Opposite Party/s : Mr .Dilip Kumar No. 1, APP
(In CRIMINAL MISCELLANEOUS No. 41902 of 2023)
For the Petitioner/s : Mr. Sunil Prasad Singh, Adv.
For the Opposite Party/s : Mr. Anil Kr. Singh No. 1, APP
Mr. Madhurendra Kumar, Adv.
(In CRIMINAL MISCELLANEOUS No. 29945 of 2024)
For the Petitioner/s : Mr. Madhurendra Kumar, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 30546 of 2024)
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
3/11
For the Petitioner/s : Mr. Madhurendra Kumar
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 27-06-2025
CR. MISC. No.22311 of 2025
1. Heard learned counsel appearing on behalf of
the parties.
2. The present petition is being filed on behalf of
the petitioners for quashing of cognizance order dated
30.05.2024
passed in Complaint Case No. 309 of 2024 by
learned J.M. 1st Class, Motihari at East Champaran whereby
and whereunder the learned J.M. 1st Class has been pleased to
take cognizance for offence punishable under section 498A of
the Indian penal code.
3. At the outset, it is pointed out by learned counsel
for the petitioner that in para no. 6 of the order dated
13.05.2025 at the fifth line Rs. 5,00,000/- was mentioned
inadvertently in place of Rs. 7,50,000/-. The order dated
13.05.2025 be read with aforesaid corrections.
4. As per the case of prosecution the daughter of
the complainant/ O.P. No. 2 namely, Namrata Singh married
with petitioner no. 3 namely, Ankit Kumar on 10.02.2022
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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whereafter petitioners collectively raised demand of dowry
and due to non-fulfillment of the same daughter of the
complainant/ O.P. No. 2 was tortured physically and mentally.
A demand for four wheeler car was also raised from
complainant. It is also alleged that the daughter of the
complainant became pregnant and was aborted forcibly
against her will by petitioner no. 3 and her family members,
whereafter she was forcibly ousted from her matrimonial,
whereafter present case was lodged.
5. It is submitted by learned counsel appearing for
the petitioner that the daughter of the complainant left the
house of the petitioners just after 28 days of her marriage
with petitioner no. 3. It is pointed out that the behavior of the
daughter of the complainant was doubtful from very
beginning and therefore apprehending false implication an
informatory petition under Section 39 of Cr.P.C. was filed
before the learned CJM, Sitamarhi bearing no. 526 of 2022
on 20.06.2022, before lodging present case. It is also pointed
out that one Rakesh Singh, who is brother of the complainant
and also the witness of the present complaint case,
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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threatened to kill petitioner no. 4, whereafter petitioner no. 4
lodged a FIR bearing Sitamarhi P.S. Case No. 946 of 2022
dated 28.11.2022 against the brother of the complainant. It
is further submitted that the daughter of the complainant
namely, Namrata Singh herself lodged a case in year 2022
which was registered as Complaint Case No. 1917 of 2022,
which is still pending before the learned court below
whereafter the present complaint case almost with same
allegations and for same occurrence was filed by father of
Namrata Singh namely, Vijay Kumar who is O.P. No. 2 of the
present quashing petition. It is pointed out that petitioner no.
1 is mother-in-law, petitioner no. 2 is sister-in-law, petitioner
no. 3 is the husband and petitioner no. 4 is father-in-law of
the victim.
6. Leaving further argument on merit, it is
straightaway submitted that now matter amicably
compromised between the parties, and in pursuant thereof a
joint compromise petition dated 27.06.2025 was filed on
affidavit before this Court. It is submitted that now the
daughter of the complainant/ O.P. No. 2 namely, Namrata
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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singh and petitioner no. 3 who is the husband amicably
resolved their dispute and decided to dissolve their marriage
by way of their mutual consent against permanent alimony of
Rs. 20,00,000 (Rupees Twenty lakhs) out of which petitioner
no. 3 decided to pay Rs. 5,00,000/- (Rupees Five lakhs) to
daughter of the O.P. No. 2 at the time of quashing of criminal
cases including present criminal case and Rs. 7,50,000/-
(Rupees Seven Lakh Fifty Thousand) at the time of first
motion of divorce and rest of Rs. 7,50,000/- (Rupees Seven
Lakh Fifty Thousand) at the time of second motion. Parties
also agreed upon to quash all criminal cases as filed against
each others. Acting upon compromise, the petitioner no. 3
handover the demand draft of Rs. 5,00,000/- (Rupees Five
lakhs) drawn at Axis Bank Ltd, Sitamarhi, Patna to O.P. No. 2
namely Namrata Singh who is present before the Court and
received the draft in presence of her lawyer. She also affirmed
the compromise and stated that she has no objection to quash
all criminal cases including present case as filed by her against
petitioners.
7. The petitioner no. 3 also stated that he has also
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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no objection that all the cases lodged against O.P. No. 2 and
against his daughter if quashed by this Court to secure the
ends of justice and to prevent abuse of the process of court of
law.
8. Without making any comments on merits, as
parties resolved their disputes and differences amicably as
discussed aforesaid continuing of present criminal
proceedings would only amount to abuse of process of Court
of law.
9. Accordingly, the present impugned order of
cognizance dated 30.05.2024 with all its consequential
proceedings qua all above named petitioners is hereby
quashed/set aside.
9. Accordingly, present quashing petition stands
allowed.
10. Beside aforesaid, to secure the ends of justice
and also as consented by parties, in view of compromise as
discussed aforesaid, the Domestic Violence Case No. 14 of
2023 which is pending before the court of learned J.M. 1 st
Class, Motihari as lodged by Namrata Singh wife of Ankit
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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Kumar son of Ajit Kumar @ Ajit Kumar Singh and also the
Maintenance Case No. 271 of 2022 as lodged by Namrata
Singh against Ankit Kumar son of Ajit Kumar @ Ajit Kumar
Singh pending before the learned Principal Judge, Family
Court, East Champaran at Motihari under Section 125 of the
IPC are hereby quashed / set aside with all its consequential
proceedings, if any, as to secure the ends of justice and also
to prevent abuse of the process of court of law.
11. It also transpires that Divorce Case No. 533 of
2024 which is pending between Namrata Singh daughter of
Vijay Kumar and Ankit Kumar son of Ajit Kumar @ Ajit Kumar
Singh before the court of learned Principal Judge, Family
Court, East Champaran, Motihari, in view of the compromise
as discussed aforesaid, the parties are directed to take
necessary steps to convert the pending petition into the
petition of 13B of Hindu Marriage Act, 1955 or if conversion is
not possible for any reasons, they may file fresh petitions
under 13B of Hindu Marriage Act, 1955 preferably within
three weeks of communication of this order, where petitioner
no. 3 namely Ankit Kumar, son of Ajit Kumar @ Ajit Kumar is
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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directed to pay Rs. 7,50,000/- (Rupees Seven Lakh Fifty
Thousand) at the time of first motion and balance of Rs.
7,50,000/- (Rupees Seven Lakh Fifty Thousand) at the time
of second motion to Namrata Singh in terms of compromise.
12. Learned Principal Judge, Family Court, East
Champaran at Motihari is directed to conclude the petition of
mutual divorce as preferred by the parties at its earliest in
accordance with law.
13. Accordingly, the petition stands allowed.
14. Let copy of this judgment be sent to learned
trial court forthwith.
CR. MISC. No. 41902 of 2023
1. In view of compromise and detailed order as
discussed in Cr. Misc. No. 22311 of 2025, the present
quashing petition stands allowed and the cognizance order
dated 15.09.2022 passed in Complaint Case No. 1917 of
2022 (Inq. No. 128 of 2022) passed by Mr. Ravi Ranjan
Kumar, learned J.M. 1st Class, Motihari at East Champaran is
hereby quashed / set aside with all its consequential
proceedings against accused persons including petitioners.
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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2. The petition stands allowed.
3. Let copy of this judgment be sent to learned trial
court forthwith.
CR. MISC. No. 29945 of 2024
1. In view of compromise as arrived between the
parties in Cr. Misc. No. 22311 of 2025, the present FIR as
lodged against petitioner bearing Sitamarhi (Mehsaul) P.S.
Case No. 955 of 2022 registered under Section 354 (B) of
the I.P.C. and Section 67 of the I.T. Act, on the instance of
the informant / O.P. No. 2 namely by Rashmi Kumari is
hereby quashed/ set aside qua accused persons including
petitioner with all its consequential proceedings, if any.
2. The petition stands allowed.
3. Let copy of this judgment be sent to learned trial
court forthwith.
CR. MISC. No. 30546 of 2024
1. In view of detailed order as passed in
furtherance of compromise as discussed in Cr. Misc. No.
22311 of 2025, the present FIR as lodged by O.P. No. 2
namely Ajit Kumar Singh bearing Sitamarhi (Mehsaul) P.S.
Patna High Court CR. MISC. No.22311 of 2025 dt.27-06-2025
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Case No. 946 of 2022 for the offences punishable under
Sections 341, 323, 504, 506, 34 of the I.P.C., is hereby
quashed/ set aside qua all accused persons including
petitioners with all its consequential proceedings, if any.
2. The petition stands allowed.
3. Let copy of this judgment be sent to learned trial
court forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 30.06.2025 Transmission Date 30.06.2025