Vipul Jagnani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70606 of 2024 Arising Out of PS. Case No.-200 Year-2022 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Vipul Jagnani S/o Late Pravin Jagnani Resident of village - City Center Apartment Near Punjab National Bank, P.S.- Patna City, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shalini Kumari W/o Vipul Jagnani, D/o Suresh Sarraf R/o vill - Shri Narayani Collection, New Sadak Chowk, Near Marwari School, P.S. - Patna City, Distt. - Patna, Present Address - Guljarbagh, ward no. 20, Madhepura, P.S. - Madhepura, Distt - Madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K.Agrawal, Sr. Advocate Mr.Kumar Rajdeep, Advocate Mr.Saroj Choudhary, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-10-2025 Heard Mr. N.K. Agrawal, learned Senior Counsel along with Mr. Kumar Rajdeep and Saroj Choudhary, learned counsels appearing on behalf of the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.
2. The present application has been filed for quashing the order dated 18.07.2022 passed by the learned SubDivisional Judicial Magistrate, Madhepura in Complaint Case no.200 of 2022, by which cognizance of the offences has been taken under Sections 323, 341, 498(A), 504/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act against the
Patna High Court CR. MISC. No.70606 of 2024(2) dt.14-10-2025 2/3 petitioner, who is the husband of OP No.2.
3. At the very outset, it is informed by the learned counsels appearing on behalf of the respective parties that an application under Section 13B of the Hindu Marriage Act, 1955 has jointly been filed by the O.P. No.2 namely Shalini Kumari and her husband namely Vipul Jagnani before the Principal Judge, Madhepura on 09.06.2025 for mutual dissolution of their marriage on certain terms and conditions and the same has been disposed of vide order dated 02.09.2025. Learned counsel, in this view, submitted that no case is made out against the petitioner and the entire criminal proceeding in connection with Complaint Case no.200 of 2022 is fit to be set aside and quashed in light of the law laid down by the Apex Court in the case of B.S. Joshi v. State of Haryana, reported in (2003) 4 SCC 675; Gian Singh v. State of Punjab reported in (2012) 10 SCC 303; Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Ors. reported in (2013) 4 SCC 58 and Yogendra Yadav & Ors. Vs. State of Jharkhand & Anr. reported in (2014) 9 SCC 653.
4. In view of the application jointly filed under Section 13B of the Hindu Marriage Act, 1955 by the O.P. No.2 namely Shalini Kumari and her husband namely Vipul Jagnani
Patna High Court CR. MISC. No.70606 of 2024(2) dt.14-10-2025 3/3 before the learned Principal Judge, Madhepura on 09.06.2025, for mutual dissolution of their marriage on certain terms and conditions and the same having been disposed of vide order dated 02.09.2025, I find that in light of the law laid down by the Apex Court, as discussed hereinabove, continuation of the criminal proceeding against the petitioner will be abuse of process of law.
5. Accordingly, entire proceeding in connection with Complaint Case no.200 of 2022 and also the cognizance order dated 18.07.2022 passed by the learned Sub-Divisional Judicial Magistrate, Madhepura are set aside and quashed subject to verifying the above information.
6. The quashing application stands disposed of.
7. Interlocutory application(s), if any, also stands disposed of.
(Purnendu Singh, J) chn/- U T