Raj Kumari @ Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80457 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- MAHILA P.S. District- Patna ====================================================== 1.

Raj Kumari @ Raj Kumari Devi wife of Sri Bikau Bhagat Resident of Village- Mukhiypatti, Ward No. 4, P.S.- Saharghat, Distt.- Madhubani 2.

Bikau Bhagat Son of Palat Bhagat Resident of Village- Mukhiypatti, Ward No. 4, P.S.- Saharghat, Distt.- Madhubani 3.

Samarjeet Bhagat Son of Sri Bikau Bhagat Resident of Village- Mukhiypatti, Ward No. 4, P.S.- Saharghat, Distt.- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari D/O- Sri Sahanand Prasad Resident of S.P. Griham Apartment, Flat No. C/401, Ashiyana Digha Rad, Ramnagari Turning, P.S.- Rajiv Nagar, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP Mr. Kamal Kishore Sinha, Advocate Mr. Digvijay Kumar Ojha , Advocate Mr. Akshay Kumar , Advocate Mr. Savitesh Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 18-06-2026 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the opposite party no. 2.

2. The present application has been filed for quashing of FIR bearing Mahila P.S. Case No. 81 of 2024, registered for the offences under Section 64 of the B.N.S. and also under Section 3 and 4 of the Dowry Prohibition Act. Through I.A. No. 01 of 2026, a prayer has been made to quash the charge-sheet

2/4 no.80 of 2025 dated 31.05.2025 filed in the present case after the conclusion of investigation.

3. The prosecution case, in brief, is that the informant, Priyanka Devi, submitted a written report before the Officer-inCharge, Mahila Police Station, Gardanibagh, Patna, alleging that her engagement with the petitioner no. 3, Samarjeet Bhagat was performed on 18.11.2022 at A.V.R. Hotel, Patna in the presence of relatives and friends. It is alleged that thereafter the accused induced her to develop physical relation on false assurance of marriage. It is further alleged that on different occasions, including at Patna and Bangalore, she was subjected to sexual intercourse under the pretext of marriage and was subsequently threatened not to disclose the same. Allegations of demand of dowry of Rs. 35 lakhs have also been levelled against coaccused persons.

4. Today, the matter was taken for hearing. The learned counsel for the petitioners as well as the learned counsel for the opposite party no. 2 has drawn attention of this Court to joint compromise petition filed by the parties. It has been submitted that the parties have entered into a compromise without any coercion, threat or promise and the allegation was primarily with respect to entering into physical relationship on

3/4 the false pretext of marriage. Learned counsel for the parties have submitted that petitioner no. 3,namely, Samarjeet Bhagat and O.P. No. 2 have been married and they are living peacefully with their respective spouses. It has further been submitted that if the prosecution is allowed to continue, the image of the parties in the society would be tarnished and there might be turmoil in their respective matrimonial relationships.

5. Learned counsel for the petitioners has placed reliance on a judgment of the Hon'ble Supreme Court in the case of Amol Bhagwan Nehul v/s State of Maharashtra & Anr reported as 2025 SCC OnLine SC 1230 as well as the another judgment of the Hon'ble Supreme Court in the case of Naim Ahamed V/s State (NCT of Delhi) reported in 2023 SCC OnLine SC 89 and has submitted that even at the stage of FIR and even if the offence being non-compoundable one, in the interest of justice, the same can be quashed.

6. Heard the submissions of learned counsel for the parties and perused the materials on record including the compromise petition. It appears that the dispute between the parties has been amicably settled.

7. In view of the settled position of law laid down by the Hon'ble Supreme Court and considering the totality of facts

4/4 and circumstances of the case, this Court is of the opinion that continuation of the criminal proceedings would now not be in the interest of justice.

8. Accordingly, the entire criminal proceedings arising out of Mahila P.S. Case No. 81 of 2024, including Charge Sheet No. 80 of 2025 dated 31.05.2025, are hereby quashed.

9. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T