PATNA, India, Nov. 24 -- Patna High Court issued the following judgment on Nov. 3:

Heard learned counsel appearing on behalf of the petitioners, learned APP for the State and learned counsel for the opposite party no.2.

2. The present application has been filed under Section 528 BNSS for quashing of the order dated 17.04.2023 in connection with Gogri P.S. Case No. 553 of 2021 and G.R. No.3814 of 2021 by which cognizance under Sections 498A, 504, 506 and 34 of the Indian Penal Code has been taken against the petitioners.

3. The allegation is of subjecting the informant - opposite party no.2 to various sorts of torture due to nonfulfillment of the demand of the dowry.

4. Learned counsel appearing on behalf of the petitioners submitted that the learned District Court has not considered that the allegation is not against the society. He further submitted that the material available on record don't disclose any criminal element and without considering this aspect, the order taking cognizance against the petitioners cannot sustain in the eye of law. He further submitted that petitioner no. 1 is the husband of the O.P. No.2, petitioner no.2 is the brother of the husband of the O.P. No.2 and the petitioner no.3 is the mother-in-law of the O.P. No.2. Learned counsel further submitted that marriage is a sacred ceremony but little matrimonial skirmish suddenly erupts into hatred and the parties ponder to reconcile their dispute outside the court.

5. Both the parties jointly submitted that the matter be referred for mediation.

6. Heard the parties.

7. It is commonly seen in the society that the entire family members, as well as, relatives are made accused along with the husband to face criminal prosecution. The Apex Court has demarcated the manner in which the complaints are entertained by the learned District Court.

8. The law in respect of matrimonial dispute between husband and wife is well settled, at the same time, the Apex Court has held that the family members of husband should not be roped unnecessarily and face vexatious criminal trial.

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