PATNA, India, Nov. 24 -- Patna High Court issued the following judgment on Nov. 1:

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 19.02.2021 passed by the learned A.C.J.M.-VI, Sitamarhi in G.R. No.4687/2020 arising out of Riga P.S. Case No.392/2020 (Sessions Trial No.86/2022) by which learned A.C.J.M. has taken cognizance of offence against the petitioners under Sections 342, 323, 307, 498(A)/34 of the Indian Penal Code.

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 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. Petitioner no. 1 is husband of Opposite party no.2, however, no information regarding the date of their marriage has been mentioned in the present petition. Petitioners no.2 and 3 are father-in-law and mother-in-law of the opposite party no. 2. 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.

5. Both the parties submitted that matter was referred to the Mediation and Re-conciliation Centre, Patna High Court for settlement of dispute, which failed and now the only remedy they find is to go for amicable settlement.

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 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, as has been held in the case of B.S. Joshi v. State of Haryana, reported in, (2003) 4 SCC 675, in paragraph nos. 12 and 13 by the Hon'ble Supreme Court, which is as under:-

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