Patna High Court
Vaibhav Saxena vs The State Of Bihar on 27 June, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29791 of 2023
Arising Out of PS. Case No.-111 Year-2021 Thana- MAHILA P.S. District- Patna
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Vaibhav Saxena Son Of Kamlesh Saxena House No. 2048 Gali No 5b, Raja
Ka Bagh,Devi Road, P.S.Kotwali, Distt- Mainpuri, Up
... ... Petitioner
Versus
1. The State of Bihar
2. Richa Verma Daughter Of Anil Kumar Resident Of Flat No. 301, Dwadash
Dham Apartment, Gorakhnath Lane, Boring Road, Ps- Kotwali, Distt- Patna
800001
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Kumar, Advocate
For the State : Mr.Ramchandra Sahni, APP
For the O.P. No.2 : Mr.Rashid Jafar, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 27-06-2025
Heard learned counsel appearing for the petitioner,
learned counsel for the opposite party no. 2 and learned
A.P.P. for the State.
2. This application has been preferred under Section
482 of the Code of Criminal Procedure (in short, the 'Cr.P.C.')
as to quash the FIR of Mahila P.S. Case No. 111 of 2021
dated 10.09.2021 for the offences punishable under Sections
323, 498A/34 of the Indian Penal Code and Section 3/4 of
the Dowry Prohibition Act, pending in the court of learned
Judicial Magistrate, First Class, Patna.
3. The brief facts of the case is that on 10.09.2021,
Patna High Court CR. MISC. No.29791 of 2023 dt.27-06-2025
opposite party no. 2 lodged the aforesaid case against the
petitioner and other accused persons alleging therein that her
marriage with the petitioner was solemnized on 13.03.2019
at Patna in accordance with Hindu Rites and Customs, but the
accused persons including the petitioner tortured her and
demanded dowry.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the dispute between the parties
now amicably settled, where both parties have dissolved their
marriage under their mutual consent in view of Section 13B of
the Hindu Marriage Act. It is submitted that the matter was
posted for judgment on 03.07.2025, before the learned
Principal Judge, Family Court, Patna. It is also submitted that
permanent alimony of Rs. 37 Lakhs as agreed also now paid
to opposite party no. 2.
5. It is pointed out that opposite party no. 2 namely,
Richa Verma already withdrawn the maintenance case. It is
submitted that in view of aforesaid compromise, now nothing
survives in this matter, and, therefore, continuing with the
present pending proceeding before the subordinate court
Patna High Court CR. MISC. No.29791 of 2023 dt.27-06-2025
would only amount to abuse of the process of the court of law.
It is also submitted that beside present case, a domestic
violence case was also preferred by the opposite party no. 2,
which is pending before the court of learned A.C.J.M. - X,
Patna as Domestic Violence Case No. 18/2022, and,
therefore, to secure ends of justice, the same be also
quashed/set aside along with present quashing petition.
6. Mr. Rashid Jafar, learned counsel appearing for
the opposite party no. 2 has also affirmed the factum of
compromise, as submitted aforesaid. It is submitted that he
has no objection if the present criminal proceeding along with
Domestic Violence Case bearing No. 18/2022, as lodged by
the opposite party no. 2 be quashed in view of compromise as
to secure the ends of justice.
7. Taking note of the aforesaid submission advanced
by the parties, as the dispute between the parties amicably
settled, where permanent alimony of Rs. 37 Lakhs already
received by the opposite party no. 2, and also parties agreed
to dissolve their marriage by way of mutual consent, where
the matter is fixed for judgment on 03.07.2025, continuing of
Patna High Court CR. MISC. No.29791 of 2023 dt.27-06-2025
present pending criminal case and Domestic Violence Case
No. 18/2022, before the learned trial court would only
amount to abuse of the process of court of law.
8. Hence, FIR of Mahila P.S. Case No. 111 of 2021
dated 10.09.2021 along with Domestic Violence Case No.
18/2022, pending in the learned trial court/concerned court is
hereby quashed/set aside with all consequential proceedings
to secure the ends of justice.
9. Accordingly, this application stands allowed.
10. Let a copy of this judgment be sent the learned
trial court for its immediate compliance.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.06.2025
Transmission Date 27.06.2025
