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 528 of the BNSS for quashing of the order dated 02.09.2024 passed in Complaint Case No. 6985(C) of 2024 by the learned Judicial Magistrate, First Class, Court No. 3, Patna, whereby cognizance has been taken under Sections 323, 341, 352, 354C and 498A of the Indian Penal Code.

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. 8. Having considered the rival submissions made on behalf of the parties. They mutually agreed to appear on 08.12.2025 before the learned District Court. The matrimonial dispute is not an offense against the society rather a matrimonial dispute is a private conflict between spouses and does not inherently constitute an offence against society. However, a false case can have a disastrous consequence in absence of any criminal content. The personal dispute cannot call for a criminal offence. In such situation, continuation of the proceeding would amount to abuse of process of law leading to vexatious proceeding against the petitioner.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMyMzYyIzIwMjUjMSNO-4CEQjRSGa9g=

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