Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73394 of 2024 Arising Out of PS. Case No.-802 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Vivek Kumar S/o- Arun Kumar Mishra Resident Of Village And Po- Lohsari, Ps- Bochaha, Dist- Muzaffarpur, A/P- Near Old Radha Devi Girls High School Sikandarpur Ps- Town Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushboo Kumari D/o- Birendra Kumar Singh Village Po- barkagawn PsPakridayal Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhairaw Nand Sharma, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The present application has been filed under Section 482 Cr.P.C. for quashing of the order dated 30.11.2017 passed in Complaint Case No. 802 of 2017 by the learned SDJM (Sadar), Motihari, East Champaran, whereby cognizance has been taken under Section 498A, 406, 316 of the IPC and Section 3/4 of the Dowry Prohibition Act.

3. The allegation is of subjecting the complainant - opposite party no.2 to various sorts of torture due to non-

2/5 fulfillment of the demand of the dowry.

4. Learned counsel appearing on behalf of the petitioner submitted that the learned District Court, in the most mechanical manner, without applying his judicial mind has taken cognizance against the petitioner under Section 498A, 406, 316 of the IPC and Section 3/4 of the Dowry Prohibition Act, in spite of the fact that from bare perusal of the complaint, the allegation has civil texture, the allegation cannot be sustained in the eye of law. 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.

5. Learned APP submitted that opportunity shall be given to the parties to reconcile their dispute amicably.

6. Heard the parties.

7. Having considered the rival submissions made on behalf of the parties, I find that the parties have failed to settle the matrimonial dispute, however, the Court till last minute should 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

3/5 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. Continuation of the proceeding would amount to abuse of process of law leading to vexatious proceeding against the petitioner.

8. 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

4/5 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.

9. Petitioner is agreed to settle the dispute outside the Court and he has willingly desired to appear before the learned District Court on 07.10.2025 at 10:30 AM.

10. Learned District Court is directed to call upon the complainant (opposite party no. 2) after issuing notice and take necessary action to refer the matter before the learned Mediator of the District Mediation Center.

11. Learned Mediator of the District Mediation Center concerned shall make his/her best efforts to settle the dispute 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.

12. In case of failure on the part of the petitioner to appear on 07.10.2025 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, the parties fail to reconcile, then in that case, the learned District Court shall proceed with the trial.

5/5

14. 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.

15. Accordingly, the present quashing application stands disposed of.

(Purnendu Singh, J) Niraj/- U T