Disposed¶37

Tabassum Ara v. the State of Bihar

Patna HC4 Dec 2025CR. MISC./28171/2024

Case brief

AI extract

What is this about?

Patna High Court Crl. Misc. 21081 of 2024 and 28171 of 2024, decision 04-12-2025, Purnendu Singh J: Section 482 Cr.P.C. quashing of FIR Runni Saidpur P.S. Case No.438 of 2023 (Sitamarhi), Sections 341, 323, 498(A)/34 IPC and Sections 3/4 Dowry Prohibition Act; matrimonial dispute, dowry demand (golden chain, bracelet, car), Rs.25,80,000/- marriage expenditure; mutual consent dissolution of marriage, joint compromise petition before Family Court Munger dated 28.07.2025, T.S. (Divorce) Case No.279 of 2023; reliance on Kahkashan Kausar, B.S. Joshi, Gian Singh, Jitendra Raghuvanshi, Yogendra Yadav; FIR quashed as abuse of process; applications disposed of.

What did the court decide?

FIR in Runni Saidpur P.S. Case No.438 of 2023 set quashed and set aside; both quashing applications disposed of. ¶37

Tabassum Ara Vs the State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

FIR in Runni Saidpur P.S. Case No.438 of 2023 set quashed and set aside; both quashing applications disposed of.

¶37

Issue for consideration

Whether the FIR in Runni Saidpur P.S. Case No.438 of 2023 (offences under Sections 341, 323, 498(A)/34 IPC and Sections 3/4 Dowry Prohibition Act) and the entire criminal proceeding arising from it should be quashed in respect of the petitioners. +1 more

¶26

Court's answer

Accordingly, the FIR in Runni Saidpur P.S. Case No.438 of 2023 is quashed and set aside.

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Ratio / Principle

In light of the law laid down by the Apex Court (as discussed in the judgment) and the application jointly filed by petitioner M. Jeshan and O.P. No.2 before the learned Principal Judge, Munger on 28.07.2025 for mutual dissolution of their marriage on certain terms and conditions, continuation of the criminal proceeding against the petitioners will be an abuse of process of law.

¶34

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J, oral judgment dated 04-12-2025) disposed of two quashing applications (Crl. Misc. Nos.21081 of 2024 by M. Jeshan, the husband, and 28171 of 2024 by his mother Tabassum Ara and Shaeem Akhter @ Tipu) filed under Section 482 Cr.P.C. to quash FIR Runni Saidpur P.S. Case No.438 of 2023 dated 22.08.2023 (Sections 341, 323, 498(A)/34 IPC; Sections 3/4 Dowry Prohibition Act), arising out of dowry-demand and assault allegations by the wife (O.P. No.2), whose father had spent Rs.25,80,000/- on the marriage. Counsel jointly informed the Court that the parties had mutually decided to dissolve the marriage, a joint compromise petition having been filed before the Principal Judge, Family Court, Munger on 28.07.2025, and the husband having filed T.S. (Divorce) Case No.279 of 2023 there. Relying on Kahkashan Kausar (2022) 0 Supreme (SC) 117, B.S. Joshi (2003) 4 SCC 675, Gian Singh (2012) 10 SCC 303, Jitendra Raghuvanshi (2013) 4 SCC 58 and Yogendra Yadav (2014) 9 SCC 653, the Court held that continuation of the criminal proceeding would be an abuse of process of law and quashed and set aside the FIR; the applications stand disposed of (NAFR).

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21081 of 2024

¶2

Arising Out of PS. Case No.-438 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi

¶3

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

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M. Jeshan S/O Md. Jamil Uddin R/O Ward No. 21, Shah Zubair Road, Dilawarpur, P.S- Kotwali, Distt.- Munger.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Ayesha Sharifur Rehman Tarannum D/O Sharifur Rehman Tarannum R/O Village and P.O- Thahar, P.S- Runni Saidpur, Distt.- Sitamarhi.

¶9

... ... Opposite Party/s

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

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with CRIMINAL MISCELLANEOUS No. 28171 of 2024

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Arising Out of PS. Case No.-438 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi

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

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Tabassum Ara Wife of Md. Jamil Uddin

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Shaeem Akhter @ Tipu Son of Nasim Akhter, Both resident of Ward No.21, Shah Zubair Road, Dilawarpur, P.S. - Kotwali, District – Munger.

¶16

... ... Petitioner/s

¶17

Versus

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The State of Bihar

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Ayesha Sharifur Rehman Daughter of Sharifur Rehman Tarannum Resident of Village and P.O. - Thahar, P.S. - Runni Saidpur, District - Sitamarhi

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 21081 of 2024) For the Petitioner/s : Mr.Alok Choudhary, Advocate For OP No.2 : Mr.S.M.Hoda, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 28171 of 2024) For the Petitioner/s : Mr.Alok Choudhary, Advocate For OP No.2 : Mr.S.M.Hoda, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT

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Date : 04-12-2025

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Heard learned counsel appearing on behalf of the

¶24

Patna High Court CR. MISC. No.21081 of 2024 dt.04-12-2025 2/4

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petitioners; learned counsel for OP No.2 and the learned APP for the State.

¶26

Both the quashing applications (Cr. Misc. Nos.21081 of 2024 and 28171 of 2024) have been preferred under Section 482 of Cr.P.C. for quashing of FIR being Runni Saidpur P.S.Case No.438 of 2023 dated 22.08.2023, registered for the offences under Sections 341, 323, 498(A)/34 of IPC and Sections ¾ of Dowry Prohibition Act.

¶27

The prosecution story in short is that O.P.No.2 got married with M.Jeshan (petitioner of Cr. Misc. No.21081 of 2024) as per the muslim customs, on which occasion, her father spent a lump sum of Rs.25,80,000/-, but after two months of her marriage, petitioners including other co-accused persons started demanding golden chain, golden bracelet and a car and due to non-fulfilment of their demand, they started assaulting her and tried to burn her. She has also lost her job.

¶28

At the very outset, Ms. Priyanka Kumari, learned counsel appearing on behalf of the petitioners and Mr. M.S.Hoda, learned counsel for OP No.2 jointly inform that the parties have mutually decided to dissolve their marriage and for the same, they have filed a joint compromise petition before the learned Principal Judge, Family Court, Munger on

¶29

Patna High Court CR. MISC. No.21081 of 2024 dt.04-12-2025 3/4

¶30

28.07.2025.

¶31

Learned counsel for the petitioners submitted that the petitioner/M.Jeshan, who is the husband of OP No.2, has filed T.S. (Divorce) Case No.279 of 2023 before the learned Principal Judge, Family Court, Munger for grant of divorce since the parties have reached into amicable settlement and they have agreed for full and final settlement. The petitioners have relied on the law laid down by the Apex Court in the case of Kahkashan Kausar @ Sonam & Ors.- Vs. State of Bihar & Ors reported in ( 2022) 0 Supreme (SC) 117. Learned counsel, in this view, submitted that no case is made out against the petitioners and the entire criminal proceeding in connection with Runni Saidpur P.S.Case No.438 of 2023 is fit to be set aside and quashed, 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 ; Gian Singh v. State of Punjab , reported in (2012) 10 SCC 303; Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Ors. , reported in (2013) 4 SCC 58 and Yogendra Yadav & Ors. Vs. State of Jharkhand & Anr. reported in (2014) 9 SCC 653 .

¶32

In view of the application jointly filed by the petitioner (M.Jeshan) and O.P. No.2 before the learned

¶33

Patna High Court CR. MISC. No.21081 of 2024 dt.04-12-2025 4/4

¶34

Principal Judge,Munger on 28.07.2025, for mutual dissolution of their marriage on certain terms and conditions, I find that in light of the law laid down by the Apex Court, as discussed hereinabove, continuation of the criminal proceeding against the petitioners will be abuse of process of law.

¶35

Accordingly, the FIR being Runni Saidpur P.S.Case

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No.438 of 2023 is hereby set quashed and set aside.

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The quashing application stands disposed of.

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(Purnendu Singh, J)

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chn/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	08 .12.2025
Transmission Date	08 .12.2025

Tabassum Ara v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Tabassum Ara v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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