[Cites 10, Cited by 0]
Patna High Court
Tabassum Ara vs The State Of Bihar on 4 December, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21081 of 2024
Arising Out of PS. Case No.-438 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
M. Jeshan S/O Md. Jamil Uddin R/O Ward No. 21, Shah Zubair Road,
Dilawarpur, P.S- Kotwali, Distt.- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ayesha Sharifur Rehman Tarannum D/O Sharifur Rehman Tarannum R/O
Village and P.O- Thahar, P.S- Runni Saidpur, Distt.- Sitamarhi.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 28171 of 2024
Arising Out of PS. Case No.-438 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
1. Tabassum Ara Wife of Md. Jamil Uddin
2. Shaeem Akhter @ Tipu Son of Nasim Akhter,
Both resident of Ward No.21, Shah Zubair Road, Dilawarpur, P.S. - Kotwali,
District - Munger.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ayesha Sharifur Rehman Daughter of Sharifur Rehman Tarannum Resident
of Village and P.O. - Thahar, P.S. - Runni Saidpur, District - Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 21081 of 2024)
For the Petitioner/s : Mr.Alok Choudhary, Advocate
For OP No.2 : Mr.S.M.Hoda, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
(In CRIMINAL MISCELLANEOUS No. 28171 of 2024)
For the Petitioner/s : Mr.Alok Choudhary, Advocate
For OP No.2 : Mr.S.M.Hoda, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 04-12-2025
Heard learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.21081 of 2024 dt.04-12-2025
2/4
petitioners; learned counsel for OP No.2 and the learned APP for
the State.
2. Both the quashing applications (Cr. Misc.
Nos.21081 of 2024 and 28171 of 2024) have been preferred
under Section 482 of Cr.P.C. for quashing of FIR being Runni
Saidpur P.S.Case No.438 of 2023 dated 22.08.2023, registered
for the offences under Sections 341, 323, 498(A)/34 of IPC and
Sections ¾ of Dowry Prohibition Act.
3. The prosecution story in short is that O.P.No.2 got
married with M.Jeshan (petitioner of Cr. Misc. No.21081 of
2024) as per the muslim customs, on which occasion, her father
spent a lump sum of Rs.25,80,000/-, but after two months of her
marriage, petitioners including other co-accused persons started
demanding golden chain, golden bracelet and a car and due to
non-fulfilment of their demand, they started assaulting her and
tried to burn her. She has also lost her job.
4. At the very outset, Ms. Priyanka Kumari, learned
counsel appearing on behalf of the petitioners and Mr.
M.S.Hoda, learned counsel for OP No.2 jointly inform that the
parties have mutually decided to dissolve their marriage and for
the same, they have filed a joint compromise petition before
the learned Principal Judge, Family Court, Munger on
Patna High Court CR. MISC. No.21081 of 2024 dt.04-12-2025
3/4
28.07.2025.
5
. Learned counsel for the petitioners submitted that
the petitioner/M.Jeshan, who is the husband of OP No.2, has
filed T.S. (Divorce) Case No.279 of 2023 before the learned
Principal Judge, Family Court, Munger for grant of divorce
since the parties have reached into amicable settlement and they
have agreed for full and final settlement. The petitioners have
relied on the law laid down by the Apex Court in the case of
Kahkashan Kausar @ Sonam & Ors.- Vs. State of Bihar &
Ors reported in (2022) 0 Supreme (SC) 117. Learned counsel,
in this view, submitted that no case is made out against the
petitioners and the entire criminal proceeding in connection with
Runni Saidpur P.S.Case No.438 of 2023 is fit to be set aside and
quashed, in light of the law laid down by the Apex Court in the
case of B.S. Joshi v. State of Haryana, reported in, (2003) 4
SCC 675; Gian Singh v. State of Punjab, reported in (2012)
10 SCC 303; Jitendra Raghuvanshi & Ors. Vs. Babita
Raghuvanshi & Ors., reported in (2013) 4 SCC 58 and
Yogendra Yadav & Ors. Vs. State of Jharkhand & Anr.
reported in (2014) 9 SCC 653.
6. In view of the application jointly filed by the
petitioner (M.Jeshan) and O.P. No.2 before the learned
Patna High Court CR. MISC. No.21081 of 2024 dt.04-12-2025
Principal Judge,Munger on 28.07.2025, for mutual dissolution
of their marriage on certain terms and conditions, I find that in
light of the law laid down by the Apex Court, as discussed
hereinabove, continuation of the criminal proceeding against the
petitioners will be abuse of process of law.
7. Accordingly, the FIR being Runni Saidpur P.S.Case
No.438 of 2023 is hereby set quashed and set aside.
8. The quashing application stands disposed of.
(Purnendu Singh, J)
chn/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08 .12.2025
Transmission Date 08 .12.2025
