Patna High Court
Adil @ Md. Adil vs The State Of Bihar on 21 March, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68904 of 2023
Arising Out of PS. Case No.-390 Year-2022 Thana- COMPLAINT CASE District- Sheohar
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Adil @ Md. Adil Son Of Md. Jauwad Alam Village- Nayagawn East, Ps-
Shyamour Bhathan, Dist- Sheohar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Nasim Son Of Md. Shakil Village- Shyampur, Ps- Shyamour Bhathan,
Dist- Sheohar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Adv.
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 21-03-2025
Heard learned counsel appearing for the petitioner
and learned APP for the State.
2. The present application has been filed by the
petitioner for quashing of the order dated 24.03.2023 passed
by learned Judicial Magistrate 1st Class, Sheohar in connection
with Complaint Case No. 390 of 2022, whereby the learned
Judicial Magistrate 1st Class, Sheohar has taken cognizance
for the offences punishable under Sections 323, 504 and
379/34 of the Indian Penal Code.
3. It is submitted by the learned counsel for the
petitioner that petitioner is the brother-in-law of O.P. No.
Patna High Court CR. MISC. No.68904 of 2023 dt.21-03-2025
2/complainant and as the sister of petitioner lodged a
complaint case against O.P. No. 2, in retaliation the present
case was lodged by O.P. No. 2 against petitioner. It is
submitted that now matter appears compromised with sister
of petitioner who is wife of O.P. No. 2 and both are residing
together and as such no dispute is existing for the present. It
is submitted that in the background of aforesaid fact,
continuing of present proceedings before the court of law
would only amount to abuse in process of law and therefore
same is fit to be quashed.
4. Mr. Dr. Alok kr. Alok learned counsel appeared
on behalf of O.P. No. 2 and approved the factum of
compromise between Mr. Nasim and his wife, who is none but
the sister of the petitioner. It is submitted that now the
differences is settled and wife of petitioner is residing happily
with O.P. No. 2 and he has no objection if proceeding before
trial court is quashed.
5. Taking note of submissions as advanced, it
appears that the present prosecution was initiated by O.P. No.
2 in retaliation of matrimonial cases initiated by the sister of
Patna High Court CR. MISC. No.68904 of 2023 dt.21-03-2025
the petitioner to settle his private grudge. It is submitted that
it is a classical example of malicious prosecutions out of
ulterior and oblique motive and moreover, matter appears
compromised.
6. It would be apposite to reproduce para-102 of
the legal report of State of Haryana and Ors. Vs Bhajan
Lal [1992 Suppl. (1) SCC 335], which is as under:-
"102. In the backdrop of the interpretation of the
various relevant provisions of the Code under
Chapter XIV and of the principles of law enunciated
by this Court in a series of decisions relating to the
exercise of the extraordinary power under Article
226 or the inherent powers under Section 482 of
the Code which we have extracted and reproduced
above, we give the following categories of cases by
way of illustration wherein such power could be
exercised either to prevent abuse of the process of
any court or otherwise to secure the ends of justice,
though it may not be possible to lay down any
precise, clearly defined and sufficiently channelised
and inflexible guidelines or rigid formulae and to
give an exhaustive list of myriad kinds of cases
wherein such power should be exercised.
(1) Where the allegations made in the first
information report or the complaint, even if they are
taken at their face value and accepted in their
entirety do not prima facie constitute any offence or
make out a case against the accused.
(2) Where the allegations in the first information
report and other materials, if any, accompanying
the FIR do not disclose a cognizable offence,
justifying an investigation by police officers under
Section 156(1) of the Code except under an order
Patna High Court CR. MISC. No.68904 of 2023 dt.21-03-2025
of a Magistrate within the purview of Section 155(2)
of the Code.
(3) Where the uncontroverted allegations made in
the FIR or complaint and the evidence collected in
support of the same do not disclose the commission
of any offence and make out a case against the
accused.
(4) Where, the allegations in the FIR do not
constitute a cognizable offence but constitute only a
non-cognizable offence, no investigation is
permitted by a police officer without an order of a
Magistrate as contemplated under Section 155(2) of
the Code.
(5) Where the allegations made in the FIR or
complaint are so absurd and inherently improbable
on the basis of which no prudent person can ever
reach a just conclusion that there is sufficient
ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in
any of the provisions of the Code or the concerned
Act (under which a criminal proceeding is instituted)
to the institution and continuance of the proceedings
and/or where there is a specific provision in the
Code or the concerned Act, providing efficacious
redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly
attended with mala fide and/or where the
proceeding is maliciously instituted with an ulterior
motive for wreaking vengeance on the accused and
with a view to spite him due to private and personal
grudge".
7. Taking note of statement of learned counsel
appearing for the parties which made at bar as matter
appears compromised between the parties and moreover, the
Patna High Court CR. MISC. No.68904 of 2023 dt.21-03-2025
present criminal complaint was lodged in retaliations due to
certain litigations initiated by the sister of petitioner against
O.P. No. 2/ her husband, it appears to this Court that the
present complaint case duly cover under the guidelines no. 7
of Bhajan Lal case (supra) and therefore same is fit to be
quashed/set aside qua petitioner.
8. Accordingly, present quashing petition stands
allowed.
9. Impugned order of cognizance dated 24.03.2023
including any further proceedings qua petitioner stands
quashed/set aside.
10. Let a copy of this judgment be sent to the
learned trial court forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.03.2025.
Transmission Date 22.03.2025.
