Disposed

Md. Arman Ansari @ Md. Arman v. The State of Bihar

Patna HC11 Nov 2025CR. MISC./27251/2025

Case brief

AI extract

What is this about?

Petitioners sought quashing of cognizance in a dowry cruelty case. Both parties agreed to settle; the court referred the dispute to the District Mediation Centre with a four-month timeline, granted interim protection from coercive action, and disposed of the quashing application.

What did the court decide?

Matter referred to District Mediation Center for four months; no coercive action against petitioners meanwhile; proceedings to be dropped if settled.

Md. Arman Ansari @ Md. Arman Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27251 of 2025

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Arising Out of PS. Case No.-378 Year-2023 Thana- CHAKAND District- Gaya

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

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Md. Arman Ansari @ Md. Arman, aged about 35 years (Male), S/o Md. Jahangir Ansari @ Jhangir Ansari, R/o village -Peeru Bigha, P.S- Chakand, District- Gaya

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Yasmin Khatoon, aged about 55 years (F), W/o Md. Jahangir Ansari @ Jhangir Ansari, R/o village- Peeru Bigha, P.S.- Chakand, District- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar

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Jainav Praveen W/o Md. Arman Ansari, D/o Late Md. Shaukat Ali R/o vill - Chakand-Karwala, P.s. - Chakand, Distt.- Gaya

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Brijmohan Das, Advocate For the O.P. No. 2 : Mr. Dhirendra Singh, Advocate For the State : Mrs. Pushpa Sinha.1, A.P.P. ======================================================

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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 petitioners; learned counsel for the opposite party no. 2 and learned APP for the State.

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The petitioners have preferred application under Section 528 of BNSS for quashing of the order taking cognizance dated 12.09.2024 passed in Chakand P.S. Case No. 378 of 2023 by the learned A.C.J.M.-X, Gaya, whereby cognizance has been taken under Section 341, 323, 498(A), 504, 506, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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Patna High Court CR. MISC. No.27251 of 2025 dt.11-11-2025 2/5

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The prosecution story, in brief, is that the marriage of the informant/O.P. No. 2 was solemnized with petitioner no. 1 in the year 2024. After few days of marriage, petitioners along with other family members, had started assaulting and torturing the informant for non fulfillment of demand dowry of rupees two lacs and a motorcycle.

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Learned counsel appearing on behalf of the petitioners submitted that the learned District Court, without considering the material available on record and applying its judicial mind has taken cognizance 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 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.

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The parties have agreed to appear before the

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Patna High Court CR. MISC. No.27251 of 2025 dt.11-11-2025 3/5

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learned District Court at 10:30 A.M. on 17.12.2025.

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Heard the parties.

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Having considered the rival submissions made on

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behalf of the parties. They mutually agreed to appear on 17.12.2025 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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In this regard, the Apex Court in the case of B.S.

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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

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Patna High Court CR. MISC. No.27251 of 2025 dt.11-11-2025 4/5

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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 and they have willingly desired to appear before the learned District Court on 17.12.2025 at 10:30 AM.

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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 petitioners in connection with the aforesaid

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Patna High Court CR. MISC. No.27251 of 2025 dt.11-11-2025 5/5

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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 petitioners to appear on 17.12.2025 before the learned District Court or any date fixed by the learned Mediator, the interim protection granted to the petitioners shall automatically lose its force.

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In case, it is deliberate on the part of the petitioners and they 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 petitioners shall continue and the trial shall proceed in accordance with law.

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Accordingly, the present quashing application stands disposed of.

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(Purnendu Singh, J)

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Niraj/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	15.11.2025
Transmission Date	15.11.2025

Md. Arman Ansari @ Md. Arman v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Arman Ansari @ Md. Arman v. The State of Bihar

Case brief

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What the court decided

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