MD. USMAN vs THE STATE OF BIHAR

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31199 of 2019
CNR No. BRHC010463642019
Arising Out of PS. Case No.-24 Year-2018 Thana- MAHILA P.S. District- Madhepura
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1. MD. USMAN Son of Md. Khurshid Resident of Village - Sahugarh Janki
Tola, P.S.- Madhepura, Dist.- Madhepura.
2. Shaba Khatoon @ Shema Khatoon W/o Md. Khurshid Resident of Village -
Sahugarh Janki Tola, P.S.- Madhepura, Dist.- Madhepura.
3. Najiya Khatoon W/o Md. Yunus Resident of Village - Sahugarh Janki Tola,
P.S.- Madhepura, Dist.- Madhepura.
4. Md. Israfil Son of Md. Khurshid Resident of Village - Sahugarh Janki Tola,
P.S.- Madhepura, Dist.- Madhepura.
5. Md. Rahman Son of Md. Alam Resident of Village - Sahugarh Janki Tola,
P.S.- Madhepura, Dist.- Madhepura.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Jahana khatoon Wife of Md. Ramjan Resident of Village - Sahugarh Janki
Tola, Ward no.2, P.S.- Madhepura, Dist.- Madhepura.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 27-10-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present application has been filed for quashing
the order dated 11.03.2019 passed by the learned Sub-
Divisional Judicial Magistrate, Madhepura, in connection with
Mahila P.S. Case No. 24 of 2018, corresponding to CIS/G.R.

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No. 812 of 2018, whereby cognizance has been taken against
the petitioners for the offences punishable under Sections 376,
504/34 of the Indian Penal Code and Sections ¾ of the Dowry
Prohibition Act.
2. The prosecution case, in brief, is that the marriage of
the informant, Jahanara Khatoon, with petitioner no. 1, Md.
Rizwan, was settled with the consent of their respective
parents. It is alleged that petitioner no. 1 used to visit the
informant’s house and establish physical relations with her on
the pretext of the proposed marriage. It is further alleged that
on 02.05.2018, petitioner no. 1 committed rape upon the
informant with the assistance of Mehrun Khatoon.
Subsequently, when the informant’s mother approached the
family of the accused persons for solemnisation of the
marriage, the accused persons allegedly refused to perform the
marriage, assaulted her and demanded Rs. 2,00,000/- as
dowry. A panchayati was also convened on 05.05.2018, but
the matter could not be resolved. On the basis of the written
report of the informant, the aforesaid police case was
registered and investigation commenced.
3. Learned counsel for the petitioners submits that the

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petitioners are innocent and have been falsely implicated in the
present case. It is further submitted that, upon completion of
the investigation, the police submitted final form bearing No. 5
of 2019 dated 03.02.2019, describing the allegations against
the petitioners as untrue. However, the learned court below
proceeded to take cognizance without properly considering the
materials available on the record.
4. It is also submitted that the dispute between the
informant and petitioner no. 1 has subsequently been settled
amicably outside the Court. In this regard, the informant has
filed a compromise petition before the learned court below,
seeking permission to withdraw the case on the ground that
the matter has been compromised between the parties.
Learned counsel, therefore, submits that, in view of the final
form submitted by the police and the subsequent settlement
between the parties, continuation of the criminal proceedings
would serve no useful purpose.
5. Upon perusal of the compromise petition dated
22.10.2018, filed by the informant before the learned court
below, this Court finds that the parties have stated that the
dispute between them has been amicably settled and that they

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do not wish to pursue the matter further.

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6. Having considered the submissions advanced on
behalf of the parties and the materials available on the
record, this Court takes note of the fact that the police, upon
investigation, submitted final form bearing No. 5 of 2019
dated 03.02.2019, finding the allegations to be untrue. This
Court also takes note of the compromise arrived at between
the informant and petitioner no. 1, as reflected in the
compromise petition filed before the learned court below.
7. It is true that the offences alleged in the present
case, particularly the offence under Section 376 of the IPC,
are serious in nature and cannot be treated as matters of a
purely private dispute merely because the parties have
arrived at a compromise. The question of quashing,
therefore, has to be considered on the basis of the overall
facts and circumstances of the case and the materials
available on record, and not solely on the ground of
settlement between the parties.
8. In the facts and circumstances of the present case
and taking note of the ratio settled in Naushey Ali v state
of U.P reported in (2025) 4 SCC 78 , also having regard to

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the final form submitted by the police, the subsequent
settlement between the parties and the materials available
on record, this Court is of the view that continuation of the
criminal proceedings against the petitioners, who are
proposed in-laws, would not serve the ends of justice.
9. Accordingly, the order dated 11.03.2019 passed
by the learned Sub-Divisional Judicial Magistrate,
Madhepura, in connection with Mahila P.S. Case No. 24 of
2018, corresponding to CIS/G.R. No. 812 of 2018, taking
cognizance of the offences under Sections 376, 504/34 of
the Indian Penal Code and Sections 3/4 of the Dowry
Prohibition Act,with all its consequential proceedings, is
hereby quashed and set-aside.
10. The present petition stands allowed.
11. Let a copy of this judgment be sent to the learned
trial court forthwith.

(Chandra Shekhar Jha, J.)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.10.2026
Transmission Date 27.10.2026