Patna High Court
Harsh Raj vs The State Of Bihar on 4 November, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52078 of 2025
Arising Out of PS. Case No.-502 Year-2023 Thana- TEKARI District- Gaya
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Harsh Raj S/o- Bharat Prasad Gupta R/O- Sanjana Interlaken Block 2 Flat
102 Dulapalli PS- Dulapalli, Hyderabad P/A- Sahara City Flat No-860,
Mango Ps- Mango Dist- Jamshedpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rupa Rachna W/o- Harsh Raj Mohalla- Rikabganj Ps- Tikari Dist- Gaya
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate.
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP.
For O.P. No.2 : Mr. Arvnendra Kumar Thakur, Advocate.
Mr. Abhay Kumar Thakur, Advocate.
Ms. Sukriti Kumari, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 04-11-2025
Heard learned counsel appearing on behalf of the
petitioner; learned counsel for the opposite party no. 2 and
learned APP for the State.
2. The present application has been filed under
Section 528 of the BNSS for quashing of the order dated
24.01.2025
passed in Tekari P.S. Case No. 502 of 2023 by the
learned ACJM-VI, Gaya whereby cognizance has been taken
under Sections 498A, 341, 323, 342, 504, 506/34 of the Indian
Penal Code and Sections 3/4 of the D.P. Act.
3. The allegation is of subjecting the opposite party
no.2 to various sorts of torture due to non-fulfillment of the
Patna High Court CR. MISC. No.52078 of 2025 dt.04-11-2025
demand of the dowry.
4. Learned counsel appearing on behalf of the
petitioner submitted that the learned District Court, without
considering the material available on record and applying its
judicial mind has taken cognizance against the petitioner in
most mechanical manner, which cannot sustain in the eye of
law. Learned counsel further submitted that marriage is a sacred
ceremony but little matrimonial skirmish suddenly erupts into
hatred, in such circumstances, the Court must allow the parties
to ponder so that they can reconcile their dispute outside the
court. He further submitted that matter be referred for
mediation.
5. Learned counsel for the opposite party no. 2 and
learned APP are also of the same view and jointly submitted that
opportunity shall be given to the parties to reconcile their
dispute amicably.
6. The parties have agreed to appear before the
learned District Court at 10:30 A.M. on 27.11.2025.
7. Heard the parties.
8. Having considered the rival submissions made on
behalf of the parties. The parties have mutually agreed to appear
on 27.11.2025 before the learned District Court. The
Patna High Court CR. MISC. No.52078 of 2025 dt.04-11-2025
matrimonial dispute is not an offense against the society rather a
matrimonial dispute is a private conflict between spouses and
does not inherently constitute an offence against society.
However, a false case can have a disastrous consequence in
absence of any criminal content. The personal dispute cannot
call for a criminal offence. In such situation, continuation of the
proceeding would amount to abuse of process of law leading to
vexatious proceeding against the petitioner.
9. In this regard, the Apex Court in the case of B.S.
Joshi v. State of Haryana, reported in, (2003) 4 SCC 675, in
paragraph nos. 12 and 13 has held as under:-
" 12. The special features in
such matrimonial matters are evident. It
becomes the duty of the court to encourage
genuine settlements of matrimonial disputes.
13. The observations made by
this Court, though in a slightly different
context, in G.V. Rao v. L.H.V. Prasad
[(2000) 3 SCC 693 : 2000 SCC (Cri) 733]
are very apt for determining the approach
required to be kept in view in a matrimonial
dispute by the courts. It was said that there
has been an outburst of matrimonial disputes
in recent times. Marriage is a sacred
ceremony, the main purpose of which is to
enable the young couple to settle down in life
and live peacefully. But little matrimonial
skirmishes suddenly erupt which often
assume serious proportions resulting in
commission of heinous crimes in which
elders of the family are also involved with
the result that those who could have
counselled and brought about
rapprochement are rendered helpless on
their being arrayed as accused in the
criminal case. There are many other reasons
Patna High Court CR. MISC. No.52078 of 2025 dt.04-11-2025
which need not be mentioned here for not
encouraging matrimonial litigation so that
the parties may ponder over their defaults
and terminate their disputes amicably by
mutual agreement instead of fighting it out in
a court of law where it takes years and years
to conclude and in that process the parties
lose their "young" days in chasing their
"cases" in different courts.
10. In the present case, both the parties have agreed to
settle the dispute outside the Court and they have willingly
desired to appear before the learned District Court on
27.11.2025 at 10:30 AM.
11. Learned District Court is directed to take
necessary steps to refer the matter before the learned Mediator
of the District Mediation Center.
12. Learned Mediator of the District Mediation Center
concerned shall make his/her best efforts to settle the dispute
between the parties amicably and thereafter submit his/her
report before the concerned learned District Court, well within a
period of four months, till then, no coercive action shall be
taken against the petitioner in connection with the aforesaid
case.
13. In case, the parties resolve their dispute amicably,
then the proceeding is required to be dropped in light of the law
laid down by the Apex Court as referred hereinabove.
14. In case of failure on the part of the petitioner to
Patna High Court CR. MISC. No.52078 of 2025 dt.04-11-2025
appear on 27.11.2025 before the learned District Court or any
date fixed by the learned Mediator, the interim protection
granted to the petitioner shall automatically lose its force.
15. In case, it is deliberate on the part of the petitioner
and he fails to reconcile, then in that case, the learned District
Court shall proceed with the trial. In case, it is deliberate on the
part of the opposite party no.2 to reconcile, then in that case,
the interim protection granted to the petitioner shall continue
and the trial shall proceed in accordance with law.
16. Accordingly, the present quashing application
stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.11.2025
Transmission Date 05.11.2025
