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 of BNSS for quashing the order dated 06.12.2024, by which Criminal Revision Application No. 373/2024 preferred on behalf of the petitioners for discharge has been rejected by the learned Additional Sessions Judge Vth, Patna in connection with Complaint Case No. 2977(C)/2010.

3. The allegation is of subjecting the complainant - 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 petitioner no. 1 is Gotni and petitioner no.2 is Nanad of the complainant. Learned counsel further submitted that marriage is a sacred ceremony but for little matrimonial skirmish between husband and wife, the petitioners are facing criminal prosecution for the reason they are in-laws. The learned District Court has not considered this aspect, which calls for interference of this Court.

5. Per contra, learned counsel appearing on behalf of the opposite party no.2 submitted that the opposite party no.2 is being harassed by the petitioners and, as such, the present quashing application is fit to be dismissed.

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 recently in the case of Navneesh Aggarwal & Ors. v. State of Haryana & Anr. reported in 2025 INSC 963 has held that the family members of husband should not be roped unnecessarily and face vexatious criminal trial.

9. Recently also, the Apex Court in the case of Mange Ram Vs. State of Madhya Pradesh & Another (Special Leave Petition (Criminal) No.10817 of 2024), in paragraph nos. 25, 31 and 32 has reiterated that in cases, particularly, related to dowry, opportunity be given to the parties first to reconcile, which inter alia are as follows:-

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMxODA3MiMyMDI1IzEjTg==-6c73A--ak1--ONCAY=

Disclaimer: Curated by HT Syndication.