Quashed

Md. Navi Hussain @ Navi Hussain v. The State of Bihar

Patna HC11 Nov 2025CR. MISC./13919/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings on the basis of a mutual agreement for mediation, holding that private matrimonial disputes generally do not constitute offenses against society and continued litigation would amount to abuse of process.

What did the court decide?

The quashing application is disposed of; parties to appear for mediation; trial stayed pending mediation report; if mediation fails due to petitioner's default, trial proceeds.

Md. Navi Hussain @ Navi Hussain Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13919 of 2024

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Arising Out of PS. Case No.-2000 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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======================================================

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Md. Navi Hussain @ Navi Hussain S/o FAROOQUE HUSSAIN R/O VILLAGE- MANPURA, PS.- N.H. BANGRA, DIST.- SAMASTIPUR.

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... ... Petitioner/s

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Versus

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The State of Bihar

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ISHRAT PARVEEN W/o Md. Navi Hussain, Daughter of Abdulla Khan, R/O VILLAGE- MATHIYA ZIRAT, PS.- CHHATAUNI, DIST.- East CHAMPARAN.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md Anjum Akhter, Advocate. For the State : Mr.Jai Narain Thakur, APP. For O.P. No.2 : Mr. Samir Kumar, Advocate. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT

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Date : 11-11-2025

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Heard learned counsel appearing on behalf of the petitioner; learned counsel for the opposite party no. 2 and learned APP for the State.

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The petitioner has preferred the application under Section 482 of the Cr.P.C. for quashing the order dated 17.07.2023 passed in Complaint Case No. C-2000/2019 by the learned Judicial Magistrate First Class, Sadar Motihari, East Champaran, whereby discharge petition under Section 245 Cr.P.C. has been rejected against the petitioner.

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The prosecution case, as per the complaint petition, is that the marriage of the complainant was solemnized with the petitioner on 19.08.2013 according to Muslim rites and rituals.

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Patna High Court CR. MISC. No.13919 of 2024 dt.11-11-2025 2/6

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At the time of marriage, ornaments and household articles were given to the complainant as gifts. It is alleged that after marriage, the complainant initially lived peacefully at her matrimonial home for some time, but thereafter, the accused persons started pressurizing her to bring Rs. 20,00,000/- from her parental home for the purpose of opening a nursing home. In the meantime, the complainant became pregnant. It is further alleged that the accused persons assaulted the complainant, resulting into miscarriage of her pregnancy. It is also alleged that on 10.08.2019, the complainant was allegedly ousted from her matrimonial home, and her ornaments, as well as, other stridhan articles were dishonestly misappropriated by the accused persons.

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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 rejected the discharge petition 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

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Patna High Court CR. MISC. No.13919 of 2024 dt.11-11-2025 3/6

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outside the court. He further submitted that matter be referred for mediation.

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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, as the offence is not against the society and need not encourage such dispute.

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In such circumstances, the parties have agreed to appear before the learned District Court at 10:30 A.M. on 27.11.2025 to resolve their dispute outside the court.

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Heard the parties.

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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 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.

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Patna High Court CR. MISC. No.13919 of 2024 dt.11-11-2025 4/6

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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:-

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“ 12. The special features in such matrimonial matters are evident. It becomes the duty of the court to encourage genuine settlements of matrimonial disputes.

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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.

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In the present case, both the parties have agreed to

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settle the dispute outside the Court instead of fighting it out for which they have willingly agreed to appear before the learned District Court on 27.11.2025 at 10:30 AM.

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Patna High Court CR. MISC. No.13919 of 2024 dt.11-11-2025 5/6

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Learned District Court is directed to take necessary steps to refer the matter before the learned Mediator of the District Mediation Center.

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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.

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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.

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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.

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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

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Patna High Court CR. MISC. No.13919 of 2024 dt.11-11-2025 6/6

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and the trial shall proceed in accordance with law.

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Accordingly, the present quashing application

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stands disposed of.

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(Purnendu Singh, J)

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mantreshwar/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	17.11.2025
Transmission Date	17.11.2025

Md. Navi Hussain @ Navi Hussain v. The State of Bihar

Case brief

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Md. Navi Hussain @ Navi Hussain v. The State of Bihar

Case brief

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