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Hemant Mishra v. The State of Bihar

Patna HC13 Oct 2025CR. MISC./33478/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing of criminal proceeding in Complaint Petition No. 52 of 2021 under Section 498A IPC (cognizance order dated 08.02.2021; process under Section 82 CrPC by order dated 23.08.2023) pending before JM 1st Class, Sitamarhi; compromise between parties on permanent alimony of Rs. 6,50,000/- (Rs. 3,50,000/- paid 28.07.2025; Rs. 3,00,000/- by demand drafts Nos. 720013-720016 dated 08.10.2025); ex-parte divorce decree of 2016; prosecution held abuse of process; entire proceeding quashed; Patna High Court CR. MISC. No.33478 of 2024, Purnendu Singh, J, order dated 13-10-2025.

What did the court decide?

Entire criminal proceeding in connection with Complaint Petition No. 52 of 2021 pending in the Court of learned Judicial Magistrate 1st Class, Sitamarhi set aside and quashed; the quashing application stands disposed of.

Hemant Mishra 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.33478 of 2024

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Arising Out of PS. Case No.-52 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi

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

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Hemant Mishra S/o Satya Narayan R/o A 10/47, MIG Flats, Rohini, Sector 18, Distt. - North West Delhi, Delhi 110089

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Satya Narayan Mishra S/o Ram Kailash Mishra R/o A 10/47, MIG Flats, Rohini, Sector 18, Distt. - North West Delhi, Delhi 11089

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RajKumari Devi W/o Satya Narayan Mishra, D/o Rooplal Jha R/o A 10/47, MIG Flats Rohini, Sector 18, Distt - North West Delhi, Delhi 110089

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shalini Shikha D/o Arun Kumar Jha R/o vill and Post - Dumarwana, Ward no. 6, near Bhaskar Talkies, P.S. - Baragnia, Distt. - Sitamarhi, Permanent address vill - Talhara, P.S. - Kudwa Chainpur, Distt. - East Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar, Advocate. For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP. For O.P. No.2 : Mr. Sunil Prasad Singh, Advocate. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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8 13-10-2025

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Heard learned counsel appearing on behalf of the

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

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The petitioners have filed the present quashing

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application under Section 482 Cr.P.C. for the following reliefs:

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“i. For issuing writ in the nature of certiorari for quashing order dated 08.02.2021 passed by the learned JM 1^st class, Sitamarhi in connection with complaint petition No 52 of 2021 whereby cognizance for the offence punishable U/s 498A of the I.P.C has been taken against the petitioners.

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ii. For quashing of orders dated 23.08.2023 and all coercive actions taken by court of Ld. JM 1^st class, Sitamarhi whereby and whereunder process under section 82 Crpc has been issued against the petitioners in connection with complaint petition No. 52 of 2021 for the offence punishable U/s 498A of

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Patna High Court CR. MISC. No.33478 of 2024(8) dt.13-10-2025 2/3

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the I.P.C.

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iii. For stay of the operation of the order dated 08.02.2021 passed by the learned JM 1^st class, Sitamarhi in connection with complaint petition No 52 of 2021 whereby cognizance for the offence punishable U/s 498A of the I.P.C has been taken against the petitioners.”

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The record reveals that the parties have entered into

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compromise against the permanent alimony of Rs. 6,50,000/-. The petitioner no.1 has already obtained ex-parte decree of divorce against the opposite party no.2 way back in the year 2016. Today, it has been informed that out of Rs.6,50,000/-, already a sum of Rs. 3,50,000/- has been paid on 28.07.2025 and for remaining amount of Rs. 3,00,000/-, today in presence of the petitioner, four demand drafts total amounting to Rs. 3,00,000/- are being handed over to the learned counsel appearing on behalf of the opposite party no.2. The details of the demand draft is mentioned hereunder:

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Sl.No.	Demand Draft No.	Date	Amount (In Rs.)
1.	720013	08.10.2025	50,000.00
2.	720014	08.10.2025	1,00,000.00
3.	720015	08.10.2025	1,00,000.00
4.	720016	08.10.2025	50000.00
		TOTAL	3,00,000.00

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In such circumstances, the prosecution in connection with Complaint Petition No. 52 of 2021 against the petitioners will only be abuse of process of the Court considering the fact that the parties who are adult have chosen

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Patna High Court CR. MISC. No.33478 of 2024(8) dt.13-10-2025 3/3

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to lead their independent life.

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Accordingly, the entire criminal proceeding in

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connection with Complaint Petition No. 52 of 2021 pending in the Court of learned Judicial Magistrate 1^st Class, Sitamarhi is hereby set aside and quashed.

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The quashing application stands disposed of.

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(Purnendu Singh, J)

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mantreshwar/-

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U T

Hemant Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Hemant Mishra v. The State of Bihar

Case brief

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