Patna High Court
Zubair Khan vs The State Of Bihar on 15 May, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20148 of 2025
Arising Out of PS. Case No.-404 Year-2024 Thana- CHANDAUTI District- Gaya
======================================================
Zubair Khan, S/o Md. Ismail Khan @ Haji Ismail Khan, Resident of Mohalla-
Aliganj, Road No. 8, P.S.- Chandauti, Distt.- Gaya
... ... Petitioner
Versus
1. The State of Bihar
2. Shagufta Jamal, W/o Zubair Khan, D/o Late Md. Jamaluddin Khan, R/o
village - Itara, P.S.- Magadh University, Distt.- Gaya
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Nafisuzzoha, Advocate
Ms. Rabia Gulnaz, Advocate
For the State : Mr. Surendra Kumar, APP
For the O.P. No.2 : Mr. Shankar Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 15-05-2025
Heard learned counsel for the petitioner and learned
counsel appearing for the O.P. No.2.
2. The present application has been filed by the
petitioner for quashing of the order dated 12.02.2025 as
passed by the learned Chief Judicial Magistrate, Gaya in
Chandauti P.S. Case No.404 of 2024 whereby the learned
Jurisdictional Magistrate has taken cognizance for the
offences punishable under Sections 190, 191(2), 115(2),
126(2), 127(2), 127(4), 85, 74, 75, 109, 351(2) of the
Bhartiya Nyay Sanhita (in short 'B.N.S.') as well as Sections 3
Patna High Court CR. MISC. No.20148 of 2025 dt.15-05-2025
2/7
and 4 of the Dowry Prohibition Act and issued process under
Section 82 of the Code of Criminal Procedure against the
petitioner and others.
3. That the prosecution case in brief speaks from
written information of one Shagufta Jamal dated 25.10.2024
that she was married with petitioner on 14.5.2024 as per
Muslim rites and rituals. The informant further alleged that
after bidagri, accused person kept her properly for sometime,
but thereafter, the petitioner made a demand of Rs. 10 lakh
for the purpose of business. When she shown her inability to
pay, the petitioner used to misbehave and assault her. It is
further alleged that on 15.7.2024 at 4.00 o'clock, the
petitioner, along with other co-accused persons allegedly
made an attempt to strangulate her with her dupatta.
However, when she raised an alarm, people gathered there
and saved her. While on the way to the police station, the
accused persons pleaded for forgiveness, what she deed but
even after sometime, the petitioner allegedly returned home
in a drunken condition and assaulted her by locking her inside
the bathroom for two hours and again demanded Rs. 10 lakh
Patna High Court CR. MISC. No.20148 of 2025 dt.15-05-2025
3/7
from her mother. It is further alleged that the petitioner used
to make relations with her forcibly. She further alleged that
on 09.10.2024, the petitioner and in-laws ousted her out
from matrimonial home and snatched her jewellery and took
the keys of boxes and almirah. She further alleged that elder
brother of her husband, who were living abroad, used to call
her in-laws and provoked them against her and also used to
ask for the dowry from the informant. They have also called
through the informant's sister mobile. The brother and sister
of informant had paid Rs. 2,40,000/- to the petitioner after
the marriage respectively on 23.05.2024 & 19.04.2024.
4. On the basis of aforesaid written report of the
informant, Chandauti P.S. Case No.404 of 2024 was
registered under Sections 190, 191(2), 115(2), 126(2),
127(2), 127(4), 85, 74, 75, 109, 351(2) of the Bhartiya
Nyay Sanhita (in short 'B.N.S.') as well as Sections 3 and 4 of
the Dowry Prohibition Act.
5. It is submitted by learned counsel for the
petitioner that petitioner has already paid Rs. 5,00,000/-
(Rupees Five Lakhs) to O.P. No.2 by way of Bank Draft drawn
Patna High Court CR. MISC. No.20148 of 2025 dt.15-05-2025
4/7
in her favour on 01.05.2025 in presence of her lawyer
appeared before this Court. It is further submitted that the
remaining amount of Rs. 5,00,000/- (Rupees Five Lakhs)
paid today to O.P. No.2 through Bank Draft bearing
No.022312 dated 12.05.2025 drawn on HDFC Bank, Gaya in
favour of O.P. No.2, namely, Shagufta Jamal. The aforesaid
demand draft was duly received by O.P. No.2 in presence of
her lawyer before this Court.
6. In view of aforesaid, the total agreed amount of
Rs.10 Lakhs (Rupees Ten Lakhs) has now paid to O.P. No.2
by the petitioner. It is also pointed out by the parties that they
proceeded for their divorce as per their personal law i.e.
"Khulla", which is likely to be complete within a week.
7. It is also submitted jointly that in view of
compromise, they have no objection if the court quash the
criminal cases pending against each other to secure the ends
of justice.
8. It would be apposite to reproduce para-5 to 9 of
the joint affidavit dated 06.05.2025 filed on behalf of the
petitioner and O.P. No.2, which is as under:-
Patna High Court CR. MISC. No.20148 of 2025 dt.15-05-2025
5/7
"5. That both the parties, the petitioner and
Opposite Party No.2 mutually agreed to dissolve their
marriage in accordance with their personal law i.e. by
way of Khula.
6. That is agreed between the parties that the
petitioner (husband) shall pay a total amount of
Rs.10,00,000/- (Rupees Ten Lakhs only) to the O.P.
No.2 (wife) in the form of one-time settlement
amount (alimony) and in future, the O.P. No.2 (Wife)
shall not be able to claim any other right of
whatsoever nature from the petitioner (Husband).
7. That the petitioner and Opposite Party No.2
mutually and jointly decided the quantum of
maintenance as one-time payment/settlement of
Rs.10,00,000/- (Ten Lakh).
8. That the petitioner has already Rs.5,00,000/-
(Rupees Five Lakh) to O.P. No.2 by way of Bank Draft
drawn in her favour on 01.05.2025 before the
Hon'ble Court and remaining amount of
Rs.5,00,000/- (five lakh) of onetime settlement
amount, will be paid within next 30 days from the
date of first payment as per the order dated
15.04.2025
passed by the Hon'ble court in this case.
9. That after payment of remaining amount of
Rs.5,00,000/- (five lakh) of onetime settlement
amount by the petitioner to O.P. No.2, both the
parties undertake to withdraw all the complaints/cases
filed against each other or against their family
members before any court or forum including cases
mentioned above in para-3 of this affidavit. The
parties also undertake not to make any further
complaint against each other arising from the same
Patna High Court CR. MISC. No.20148 of 2025 dt.15-05-2025
cause of action and both the parties also dissolved
their marriage in accordance with their personal laws."
9. In view of the aforesaid, as parties settled their
dispute amicably, it appears that continuing with criminal
proceedings between the parties would be only abusing the
process of court of the law and, therefore, the present
cognizance order dated 12.02.2025 as passed by the learned
Chief Judicial Magistrate, Gaya in Chandauti P.S. Case
No.404 of 2024 and also proceedings of Complaint Case
No.1633 of 2024 filed by the petitioner against O.P. No.2
and her family members and Matrimonial Case (MTS)
No.411 of 2024 pending before the court of learned
Principal Judge, Family Court, Gaya, stand quashed/set aside
by exercising powers under Section 482 of the Cr.P.C. to
secure the ends of justice.
10. The application stands allowed. Pending
application, if any, also stands disposed of in view of this
judgment.
11. Let a copy of this order be sent to the all
concerned courts at Gaya, where above-discussed cases are
Patna High Court CR. MISC. No.20148 of 2025 dt.15-05-2025
pending, for its compliance.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17-05-2025
Transmission Date 17-05-2025
