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

Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The present application has been filed under Section 482 Cr.P.C. for quashing of the order dated 27.03.2019 passed in Complaint Case No.453C/2018 by the learned Additional Chief Judicial Magistrate, Supaul whereby cognizance has been taken under Sections 498A and 494 of IPC.

3. The allegation is of subjecting the opposite party no.2 to various sorts of torture due to non-fulfillment 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 O.P. No.2 was married with petitioner no.1 and they were blessed with a child and the petitioner had undertaken to live along with the opposite party no.2 with full dignity and honour. At the time of marriage, the petitioner no.1 was minor and allegedly he was kidnapped by family members of opposite party no.2. There are altogether five petitioners but with respect to petitioner no.1, the present application was directed to be withdrawn vide order dated 05.05.2025. So far petitioners no.2 to 5 are concerned, they are close relatives of petitioner no.1, however, there is no information in the pleading with regard to their relationship with petitioners no.1 or with the complainant. 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. He further submitted that matter be referred for mediation.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM3NzU1OCMyMDE5IzEjTg==-xZHYWSXm3a4=

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