Patna High Court
Aman Avinash vs The State Of Bihar on 14 May, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70783 of 2024
Arising Out of PS. Case No.-34 Year-2020 Thana- MAHILA P.S. District- Patna
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1. Aman Avinash Son of Sri Gopal Jha Village- Benipur (Near L.I.C.
Office), P.S.- Bahera, District- Darbhanga
2. Gopal Jha Son of Late Bindeshwar Jha Village- Benipur (Near L.I.C.
Office), P.S.- Bahera, District- Darbhanga
3. Prabha Jha wife of Sri Gopal Jha Village- Benipur (Near L.I.C.
Office), P.S.- Bahera, District- Darbhanga
... ... Petitioners
Versus
1. The State of Bihar
2. Mrs. Priyambada wife of Aman Avinash R/O-D.N.R. Apartment No.-
305, 70 feet Byepass, 35 feet Road, Vishunpur Pakri, Ps- Beur, Town
District-Patna
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Sanjay Parasmani, Advocate
Mr.Maruth Nath Roy, Advocate
For the State : Mr.Md. Aslam Ansari, APP
For the O.P. No.2 : Mr.Pankaj Kumar Sinha, Advocate
Mr.Rajiv Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 14-05-2025
Heard Mr. Sanjay Parasmani, learned counsel
appearing for the petitioners and Md.Aslam Ansari, learned
A.P.P. for the State duly assisted by Mr. Pankaj Kumar Sinha,
learned counsel for the opposite party no. 2.
2. The present application has been filed as to quash
the order dated 06.06.2024 passed by learned Judicial
Magistrate - 1st Class, Patna in Mahila P.S. Case No. 34 of
2020 (G.R. No. 1722/2020), whereby learned Magistrate has
Patna High Court CR. MISC. No.70783 of 2024 dt.14-05-2025
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taken cognizance against the petitioners under sections
498A/504/506/34 of the Indian Penal Code and section ¾ of
Dowry Prohibition Act and transferred the case to the court of
learned S.D.J.M., Patna for trial and disposal.
3. The brief facts of the case is that one
Priyambada/O.P.No.2, while submitting her written
information to the Mahila Police Station, stated that her
marriage was solemnized with Aman Avinash (petitioner no.1)
on 16.04.2018 in Patna and when she filed application for
registration of marriage, her husband did not turned up to do
the same due to non-fulfillment of demand of dowry. It is
alleged that O.P. No. 2, while came to her matrimonial home,
subjected to mental torture and a demand was raised for
Rs.20 Lakhs as dowry. On 08.05.2019, at the instance of her
husband, O.P. No. 2 went to Singapore, where he was in job,
but at the instance of her mother-in-law, her husband started
torturing her and also demanded money. The informant/O.P.
No. 2 further alleged that on 08.05.2019, she returned to
India, where after intervention of common relative, mediation
took place, but thereafter she was again tortured by her in-
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laws members and thereafter she was ousted from her
matrimonial home.
4. In the aforesaid background of the case, a First
Information Report was registered as Phulwarisharif (Mahila)
P.S. Case No. 34 of 2020 for the offence punishable under
Sections 498A, 504, 506 & 34 of the Indian Penal Code and
¾ of the Dowry Prohibition Act, where police after
investigation submitted charge-sheet vide Charge-Sheet No.
185/2023 dated 31.12.2023 under section
498A/504/506/34 of the I.P.C. and ¾ of the Dowry
Prohibition Act.
5. Earlier, on 06.05.2025, it was jointly submitted
before this Court that against permanent alimony of Rs.
70,00,000/- matter was compromised between the parties
with condition that parties will withdraw all criminal cases
pending against them and also cooperate in for expeditious
disposal of divorce case under mutual consent.
6. In view of the aforesaid submission, parties were
directed to file joint affidavit in terms of order dated
06.05.2025
.
Patna High Court CR. MISC. No.70783 of 2024 dt.14-05-2025
7. Taking reference of joint affidavit as filed on behalf
of petitioner no. 1 and opposite party no. 2, it is submitted by
learned counsel for the parties that the present affidavit is
being filed to resolve all the disputes pending between the
parties, which as as under:
(i) Mahila P.S. Case No. 34/2020 dated 01.03.2020
(G.R. No. 1722/2020) whereby and whereunder
cognizance has been taken against the petitioners under
sections 498A, 504, 506 & 34 of the Indian Penal Code
and ¾ of the Dowry Prohibition Act, for which Cr. Misc.
No. 70783/2024 has been filed.
(ii) Complaint Case No. 7153(C)/2023 dated
01.08.2023 pending before Judicial Magistrate-I Class,
Patna namely, Ms. Ankita Raj, whereby and whereunder
cognizance has been taken against the petitioners under
section 500 and 120(B) of the IPC for which Cr. Misc.
No. 26939 of 2025 has been filed.
(iii) Maintenance Case No. 49/2020 on 07.02.2020
before the Principal Judge, Family Court, Patna.
(iv) Matrimonial Case No. 261/2023 on 28.02.2023
before the Principal Judge, Family Court, Patna for
dissolution of marriage u/s 13(i)(i-a)(i-b) of the Hindu
Marriage Act, 1955.
8. Learned counsel further pointed out that petitioner
no. 1/husband has also agreed to make payment of Rs. 70
Lakhs to the O.P. No. 2 as full and final settlement for
Patna High Court CR. MISC. No.70783 of 2024 dt.14-05-2025
resolution/compromise and thereafter no claim would be
entertained. Learned counsel of petitioner no. 1 submitted
that the amount, as aforesaid i.e. Rs. 70 Lakhs would be paid
to O.P. No.2 in the following manner:
(i) Rs. 25 Lakhs will be paid by account payee cheque
on 08.05.2025 in the Account No. 20192094068,
IFSC Code - SBIN0015996, State Bank of India,
Pushpa Bhawan, Mithapur, Chanakya National Law
University in the name of opposite party no. 2.
(ii) Both the parties would file divorce under mutual
consent under section 13B of the Hindu Marriage Act
and at that time Rs. 20 Lakhs will be paid in the bank
account as mentioned above.
(iii) Third installment of Rs. 25 Lakhs would be paid
at the time when the matter would finally settled i.e.
second motion in the court after cooling off period.
9. Learned counsel for the petitioners also assured to
this Court that next two payments shall be made through
bank draft or shall directly transfer in the bank account of the
opposite party no. 2.
10. In view of the aforesaid facts and circumstances
and taking note of the fact as both sides i.e. petitioner no. 1
and opposite party no. 2 have decided to compromise all the
Patna High Court CR. MISC. No.70783 of 2024 dt.14-05-2025
issues as discussed aforesaid, the cognizance order
06.06.2024 with all its consequential proceedings qua
petitioners pending before the learned S.D.J.M,
Patna/concerned court, in connection with Mahila P.S. Case
No. 34/2020 (G.R. No. 1722/2020) stands set-aside/
quashed, with a direction to the learned Family court, Patna,
to proceed expeditiously with divorce case and dispose of the
same at its earliest, in accordance with law by getting same
convert into case under mutual consent under section 13-B of
the Hindu Marriage Act, 1956.
11. In view of aforesaid, Complaint Case No.
7153(C) of 2023 and Maintenance Case No. 49 of 2020 are
also quashed/set-aside to secure the ends of justice.
12. Accordingly, this application stands allowed with
aforesaid directions.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.05.2025
Transmission Date 17.05.2025
