PATNA, India, Nov. 21 -- Patna High Court issued the following judgment on Oct. 30:
Heard learned counsel appearing on behalf of the petitioner; learned counsel for the opposite party no. 2 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 27.01.2021 passed in Complaint Case No. 49(C) of 2020 by the learned Magistrate 1st Class Masaurhi, Patna, whereby cognizance has been taken under Sections 323, 498A of the IPC and Sections 3, 4 of the Dowry Prohibition Act.
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, without considering the material available on record and applying its judicial mind has taken cognizance against the petitioner in most mechanical manner, which cannot sustain in the eye of law. Learned counsel further submitted that marriage is a sacred ceremony but little matrimonial skirmish suddenly erupts into hatred, in such circumstances, the Court must allow the parties to ponder so that they can reconcile their dispute outside the court. He further submitted that matter be referred for mediation.
5. Learned counsel for the opposite party no. 2 and learned APP are also of the same view and jointly submitted that opportunity shall be given to the parties to reconcile their dispute amicably.
6. The parties have agreed to appear before the learned District Court at 10:30 A.M. on 08.12.2025.
7. Heard the parties.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM4MTkxMyMyMDI0IzEjTg==-DMrzwSX4r--am1--0=
Disclaimer: Curated by HT Syndication.
