PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

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.

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 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 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.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM2MDYxMSMyMDIzIzEjTg==-aZWwbliY--am1--5s=

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