Priyadarshan Pathak @ Priyadarshan Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Priyadarshan Pathak @ Priyadarshan Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Quashing application disposed of; matter referred to the Patna High Court Mediation and Reconciliation Centre with the petitioner and O.P. No.2 to appear before the Mediator on 21.11.2025 at 04:30 p.m. and settlement efforts to conclude within four months; no coercive steps against the petitioner till then, such interim protection lapsing automatically upon his failure to appear as directed.

Issue for consideration

Whether the quashing application against the cognizance order dated 09.07.2024 in Complaint Case No.153 of 2024 (under Section 498A IPC and Sections 3 and 4 of the D.P.Act) should be quashed or otherwise resolved, given the hope of amicable settlement of the matrimonial dispute. +1 more

Court's answer

In light of the law laid down by the Apex Court in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, the Court found that the matrimonial dispute can be terminated in view of the hope of settlement, that mediation is the best way to resolve the dispute amicably outside the court, and that keeping the quashing application pending will serve no purpose.

Ratio / Principle

The matter is referred to the Patna High Court Mediation and Reconciliation Centre for amicable settlement of the matrimonial dispute between the parties.

Key takeaways

The petitioner and O.P. No.2 shall appear before the learned Mediator on 21.11.2025 at 04:30 p.m., and the Mediator shall make best efforts to settle the dispute amicably within a period of four months; till then no coercive steps shall be taken against the petitioner in the above mentioned case.ratio¶28
In case of failure of the petitioner to appear on 21.11.2025 before the Patna High Court Mediation and Reconciliation Centre or on any date fixed by the learned Mediator, the interim protection granted to the petitioner shall automatically lose its force.ratio¶31
Both parties, in the meantime, can also seek appropriate remedy before the appropriate forum.

Detailed headnote1 paragraphs

Matrimonial dispute — quashing application (Cr. Misc. No. 2097 of 2025) against order dated 09.07.2024 in Complaint Case No. 153 of 2024 (arising out of PS Case No. 153 of 2024, Raxaul at Motihari) taking cognizance under Section 498A IPC and Sections 3 and 4 of the D.P.Act for alleged dowry-related torture and a purported second marriage — Patna High Court (Purnendu Singh, J.) disposed of the application by referring the parties to the Patna High Court Mediation and Reconciliation Centre, finding in light of B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 (paras 12-13 quoted, including reference to G.V. Rao v. L.H.V. Prasad) that mediation is the best way to resolve the dispute amicably and that keeping the application pending would serve no purpose — petitioner and O.P. No.2 directed to appear before the learned Mediator on 21.11.2025 at 04:30 p.m.; Mediator to endeavour settlement within four months — no coercive steps against the petitioner till then; interim protection to lapse automatically if the petitioner fails to appear on 21.11.2025 or any date fixed — antecedent anticipatory-bail referral in Cr. Misc. No. 34571 of 2025 (order dated 25.07.2025) noted, as also parallel Maintenance Case No. 249 of 2024 (Family Court, East Champaran, Motihari) and Divorce Case No. HMA/389 of 2024 (Family Court, Guragaon, Haryana) — parties left free to seek appropriate remedy before the appropriate forum in the meantime.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2097 of 2025

Arising Out of PS. Case No.-153 Year-2024 Thana- COMPLAINT CASE - RAXAUL AT MOTIHARI District- East Champaran

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

Priyadarshan Pathak @ Priyadarshan Son of Ramashankar Pathak Resident of Village - Parsauni Jahangir, P.S. - SahebGanj, District - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar Bihar

Shobhah Pathak @ Kiran Pathak Wife of Priyadarshan Pathak, Daughter of Dinbandhu Pandey Resident of Village - Block Road, Raxual, Ward No.18, P.S. - Raxual, District - East Champaran

... ... Opposite Party/s

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

Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava For the Opposite Party/s : Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 07-10-2025

Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

The present quashing application has been filed for quashing of order dated 09.07.2024 passed in Complaint Case No.153 of 2024 by the learned Judicial Magistrate 1^st class, Raxaul at Motihari, whereby the cognizance has been taken under Section 498A of IPC and Section 3 and 4 of the D.P.Act.

The allegation against the petitioner is of subjecting

the Opposite Party No.2 to various sorts of torture due to nonfulfillment of the demand of dowry. It is also alleged that the petitioner has solemnized second marriage with another woman.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.2097 of 2025(3) dt.07-10-2025 2/4

petitioner informs that the petitioner had also filed Cr. Misc. No.34571 of 2025 for granting pre-arrest bail. Vide order dated 25.07.2025 passed in Cr. Misc. No.34571 of 2025, the Hon’ble Co-ordinate Bench while considering the anticipatory bail application of the petitioner, on the prayer of both the parties, referred the matter before the learned Mediator of the Patna High Court Mediation and Reconciliation Centre for resolving their dispute amicably and to arrive at an amicable settlement.

It is informed that the Opposite Party No.2 has filed Maintenance Case No.249 of 2024, which is pending before the court of the learned Principal Judge, Family Court, East Champaran, Motihari. The petitioner has also filed Divorce Case No.HMA/389 of 2024, which is pending in the court of the learned Principal Judge, Family Court, Guragaon, Haryana.

This Court finds that the present matrimonial dispute can be terminated in view of the hope of settlement between the parties and the mediation is the best way to resolve their dispute amicably outside the court, 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, keeping the present quashing application pending will serve no purpose. The Apex Court in paragraph nos. 12 and 13 has held as under:-

“ 12. The special features in such matrimonial matters

Patna High Court CR. MISC. No.2097 of 2025(3) dt.07-10-2025 3/4

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.

In that view, the matter is referred to the Patna High

Court Mediation and Reconciliation Centre for amicable settlement of matrimonial dispute between the parties.

The petitioner and O.P. No.2 shall appear before the learned Mediator on 21.11.2025 at 04:30 p.m and the learned Mediator shall make his/her best efforts to settle the dispute amicably within a period of four months. Till then no coercive steps shall be taken against the petitioner in the above mentioned case.

In case of failure on the part of the petitioner to appear on 21.11.2025 before the Patna High Court Mediation and Reconciliation Centre or any date fixed by the learned

Patna High Court CR. MISC. No.2097 of 2025(3) dt.07-10-2025 4/4

Mediator, the interim protection granted to the petitioner shall automatically lose its force.

In view of the law laid down by the Apex Court

It goes without saying that both the parties, in the meantime, can also seek appropriate remedy before the appropriate forum.

The present quashing application is accordingly

disposed of.

(Purnendu Singh, J)

chn/-