Patna High Court
Nishi Kumari vs The State Of Bihar on 14 July, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60611 of 2023
Arising Out of PS. Case No.-249 Year-2023 Thana- PATRAKARNAGAR District- Patna
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1. NISHI KUMARI Wife of Ramashish Singh, R/o- 29, S.K. Colony,
Kankarbagh, P.S.- Patrakar Nagar, District - Patna.
2. Ramashish Singh, Son of Late Kailash Singh R/o- 29, S.K. Colony,
Kankarbagh, P.S.- Patrakar Nagar, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Neha Kumari, Wife of Rajesh Kumar R/o - Malahi Pakri Chok, 29 S. K.
Colony, Kankarbagh, P.S.- Patrakar Nagar, District - Patna at presently
residing D/o Vinod Kumar Singh, Add.- Vidyadhar (Ward No.- 6), Khagaria,
P.S.- Khagaria, District - Khagaria.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Onkar Nath, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 14-07-2025
Heard learned counsel appearing on behalf of the
parties.
2. The present application has been preferred under
Section 482 of the Criminal Procedure Code (in short
"Cr.P.C.") for quashing of entire proceedings including
Patrakar Nagar P.S. Case No. 249 of 2023 (P.T.N. No.
BRPA02P0031902023) dated 07.04.2023 lodged for the
offences punishable under Sections 109, 328, 498(A), 341,
342, 323, 504 and 120(B) of the Indian penal Code.
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3. The informant of aforesaid case, namely, Neha
Kumari, who is opposite party no. 2 married with one Rajesh
Kumar on 23.01.2022 as per Hindu rites and Rituals. It is
further stated that due to non-fulfillment of demand of dowry
as raised for several lacs rupees and also other demands, the
in-laws including her husband assaulted her, out of which she
received serious injuries and admitted in hospital on
07.04.2023
, where she made her statement to Police. It also
stated that her husband already solemnized two marriages
before marriage with her and same was concealed. It is stated
that out of compulsion created by petitioners and her
husband, she made an attempt to commit suicide.
4. On the basis of aforesaid, the Patrakar P.S. Case
No. 249/2023 was lodged on 07.04.2023, where police after
investigation submitted charge-sheet for the offences
punishable under Sections 109, 328, 498(A), 341, 342, 323,
504 and 120(B) of the Indian penal Code (in short “IPC“)
against petitioners and other accused persons.
5. The learned Magistrate upon perusal of materials
available on record also took cognizance against petitioners
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and other accused for aforesaid offences.
6. Learned counsel appearing for petitioners without
exploring the avenue of merits as available to the petitioners
submitted that the matter between the parties now stands
compromised, where both parties decided to dissolve their
marriage under mutual consent as provisioned under 13B of
the Hindu Marriage Act, against the permanent alimony of Rs.
20 lacs. It is submitted that out of 20 lacs, Rs. 10 lacs already
paid to opposite party no. 2 by son of petitioners, who is the
husband of opposite party no. 2, namely, Rajesh Kumar. It is
pointed out that in furtherance of same, opposite party no. 2
also withdraw her maintenance case, which was pending
before the court of learned Principal Judge, Family Court,
Khagaria as Maintenance Case No. 75M of 2023. It is pointed
out that the parties filed their mutual divorce petition before
the Family Court, Khagaria, which is pending as Matrimonial
Divorce Case No. 04 of 2025, where the statement for first
motion was recorded by the Court. It is submitted that as the
occurrence is arising out of matrimonial discord, therefore in
view of compromise as submitted above, the proceedings for
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the offence under Section 328 of the IPC be also quashed to
secure end of justice. Learned counsel relied upon the legal
report of Naushey Ali and Others Vs. State of U.P. and
Another reported in 2025 SCC OnLine SC 292.
7. The learned counsel appearing for opposite party
no. 2 also approved the factum of compromise as submitted
above by learned counsel appearing for petitioners and
submitted that he has no objection as to quash the present
proceedings against petitioners and also against the husband
of opposite party no. 2, who is the son of petitioners.
8. It would be apposite to reproduce para 21 of the
Naushey Ali ‘ case (supra), which reads as under:
21. In State of M.P. v. Laxmi Narayan
[State of M.P. v. Laxmi Narayan, (2019) 5 SCC
688 : (2019) 2 SCC (Cri) 706] , after discussing
the ratio in Narinder Singh v. State of Punjab
[Narinder Singh v. State of Punjab, (2014) 6 SCC
466 : (2014) 3 SCC (Cri) 54] and other
judgments, this Court held : (Laxmi Narayan case
[State of M.P. v. Laxmi Narayan, (2019) 5 SCC
688 : (2019) 2 SCC (Cri) 706] , SCC pp. 704-
705, para 15)
“15. Considering the law on the point
and the other decisions of this Court on the point,
referred to hereinabove, it is observed and held as
under:
15.1. That the power conferred under Section 482
of the Code to quash the criminal proceedings for
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320 of the Code can be exercised having
overwhelmingly and predominantly the civil
character, particularly those arising out of
commercial transactions or arising out of
matrimonial relationship or family disputes and
when the parties have resolved the entire dispute
amongst themselves;
15.2. Such power is not to be exercised in those
prosecutions which involved heinous and serious
offences of mental depravity or offences like
murder, rape, dacoity, etc. Such offences are not
private in nature and have a serious impact on
society;
15.3. Similarly, such power is not to be exercised
for the offences under the special statutes like the
Prevention of Corruption Act or the offences
committed by public servants while working in that
capacity are not to be quashed merely on the basis
of compromise between the victim and the
offender;
15.4. Offences under Section 307IPC and the
Arms Act, etc. would fall in the category of
heinous and serious offences and therefore are to
be treated as crime against the society and not
against the individual alone, and therefore, the
criminal proceedings for the offence under Section
307IPC and/or the Arms Act, etc. which have a
serious impact on the society cannot be quashed
in exercise of powers under Section 482 of the
Code, on the ground that the parties have
resolved their entire dispute amongst themselves.
However, the High Court would not rest its
decision merely because there is a mention of
Section 307IPC in the FIR or the charge is framed
under this provision. It would be open to the High
Court to examine as to whether incorporation of
Section 307IPC is there for the sake of it or the
prosecution has collected sufficient evidence,
which if proved, would lead to framing the charge
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under Section 307IPC. For this purpose, it would
be open to the High Court to go by the nature of
injury sustained, whether such injury is inflicted on
the vital/delicate parts of the body, nature of
weapons used, etc. However, such an exercise by
the High Court would be permissible only after the
evidence is collected after investigation and the
charge-sheet is filed/charge is framed and/or
during the trial. Such exercise is not permissible
when the matter is still under investigation.
Therefore, the ultimate conclusion in paras 29.6
and 29.7 of the decision of this Court inNarinder
Singh [Narinder Singh v. State of Punjab, (2014)
6 SCC 466 : (2014) 3 SCC (Cri) 54] should be
read harmoniously and to be read as a whole and
in the circumstances stated hereinabove;
15.5 [Ed. : Para 15.5 corrected vide Official
Corrigendum No. F.3/Ed.B.J./22/2019 dated 3-4-
2019.] . While exercising the power under Section
482 of the Code 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, the High Court is required 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.”
9. In view of aforesaid factual and legal submission
and by taking note of fact as parties settled their issues and
differences by way of amicable settlement, where they
decided to dissolve their marriage under mutual consent
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against permanent alimony of Rs. 20 lacs out of which, Rs. 10
lacs already received by opposite party no. 2, accordingly,
continuing with present criminal proceedings before the
learned Trial Court would only amount to abuse of the process
of court of law.
10. Accordingly, entire proceedings including
Patrakar Nagar P.S. Case No. 249 of 2023 (P.T.N. No.
BRPA02P0031902023) dated 07.04.2023 qua petitioners
and other accused persons are hereby quashed/set-aside to
secure ends of justice.
11. Accordingly, present quashing petition stands
allowed.
12. Let a copy of this judgment be sent to the
learned trial court/concerned court forthwith.
(Chandra Shekhar Jha, J)
veena/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 15.07.2025 Transmission Date 15.07.2025