Patna High Court
Sahidur Rahman vs The State Of Bihar on 14 October, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56702 of 2025
Arising Out of PS. Case No.-21 Year-2021 Thana- MAHILA P.S. District- Madhubani
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Sahidur Rahman S/o Atiqur Rahman Resident of village- Malmal South, P.S.-
Kaluahi, Distt.-Madhysani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Saba Pravin wife of Sahidur Rahman Resident of village- Malmal South,
P.S.- Kaluahi, District-Madhubani, At present Karnalwali Gali, Near
Hanuman Chowk, Wazirabad, Delhi-82, At present Maike- Daughter of
Basir Ahman, village-Malmal South, P.S.- Kaluahi, District- Madhubani
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms.Namrata Mishra, Sr. Advocate
Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Ms.Rina Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 14-10-2025
Heard Ms. Namrata Mishra, learned Senior Advocate
along with Mr. Ratnakar Jha, learned counsels appearing on
behalf of the petitioner and the learned APP for the State.
2. The present application has been filed under
Section 528 of BNSS for quashing of order dated 17.05.2025
passed in Mahila PS Case No.21 of 2021 (GR No.268/2021)
CRI Case No.268 of 2021 by the learned SDJM, Madhubani,
whereby the cognizance has been taken under Sections 323,
341, 498(A), 494/34 of the IPC and Sections ¾ of DP At.
3. Learned counsel appearing on behalf of the
petitioner submitted that prior to lodging of the present FIR, OP
Patna High Court CR. MISC. No.56702 of 2025 dt.14-10-2025
No.2 had lodged Complaint Case No.53 of 2021. Learned
counsel further submitted that for the same offence, the
petitioner can not be subjected to face two prosecutions.
Otherwise also, learned counsel submitted that the petitioner is
ready for settlement and for that she seeks some time so that the
effort can be taken to settle the strained relationship between the
parties, who are husband and wife. Learned Counsel further
submitted that marriage is a sacred ceremony but little
matrimonial skirmish suddenly erupts into hatred and the parties
ponder to reconcile their dispute outside the court. He further
submitted that matter be referred for mediation.
4. Learned APP submitted that opportunity shall be
given to the parties to reconcile their dispute amicably.
5. Heard the parties.
6. Having considered the rival submissions made on
behalf of the parties, I find that the parties have strained the
matrimonial relationship, in such circumstances, the Court till
last minute must strive to give opportunity to the parties to settle
the dispute between the husband and wife amicably. The
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.
Patna High Court CR. MISC. No.56702 of 2025 dt.14-10-2025
However, a false case can have a disastrous consequence in
absence of any criminal content. The personal dispute cannot
call for a criminal offence. Continuation of the proceeding
would amount to abuse of process of law leading to vexatious
proceeding against the petitioners.
7. 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 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.
8. Petitioner is directed to appear before the learned
District Court on 27.11.2025 at 10:30 AM.
Patna High Court CR. MISC. No.56702 of 2025 dt.14-10-2025
9. Learned District Court is directed to take necessary
steps to refer the matter before the learned Mediator of the
District Mediation Center.
10. 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 no. 1 in connection with the
aforesaid case.
11. 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.
12. In case of failure on the part of the petitioner to
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.
13. 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 O P No. 2 to reconcile then in that case, continuing
with the criminal proceeding will amount to abuse of the
Patna High Court CR. MISC. No.56702 of 2025 dt.14-10-2025
process of the court and the interim protection granted to the
petitioner shall continue and the proceeding against her is
required to be dropped in accordance with law.
14. Accordingly, the present quashing application
stands disposed of.
(Purnendu Singh, J)
chn/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.10.2025
Transmission Date NA
