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 of the FIR in connection with Basantpur P.S. Case No. 135 of 2023 registered under Sections 498 A of the Indian Penal Code and Sections 3/4 of D.P. 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 petitioner no. 1 is mother-in-law of Opposite party no.2 and petitioner no. 2 is father-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 be referred for mediation

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 has held that the family members of husband should not be roped unnecessarily and face vexatious criminal trial.

9. From perusal of the complaint, it is evident that there is no specific allegation against the petitioner no. 2, who is father-in-law of the opposite party no. 2 and allegation against him is general and omnibus. In light of the recent judgment of Apex Court in the case of Navneesh Aggarwal & Ors. v. State of Haryana & Anr. reported in 2025 INSC 963, I find that no case under Section 498A of IPC and Sections 3/4 of D.P. Act is made out against petitioner no. 2. Accordingly, the entire proceedings in connection with Basantpur P.S. Case No. 135 of 2023 is hereby set aside and quashed to the extent it relates to petitioner no. 2.

10. So far as the petitioner no.1 is concerned, a reference can be taken to law laid down by the Apex Court in case of Naushey Ali & Ors. Vs. State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78, considering the entirety of matters, particularly dealing with the misuse of Section 498 of IPC, referring to its earlier judgment, finally concluded that offences arising out of matrimonial dispute particularly relating to dowry etc. or a family dispute where wrong is committed to the victim by the offenders and his family, can be settled amicably.

11. 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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