In Amit Kumar Hari @ Amit Kumar Abhimanyu vs. The State of Bihar Bihar & Anr. (2026), Supreme Court's Division Bench of Justices Ahsanuddin Amanullah and R. Mahadevan passed a 3-page long order dated February 26, 2026, wherein, it observed:".....we notice that certain allegations have been made against some of the police officers of trying to coerce the petitioner even after the order dated 25.11.2025 passed by this Court extending the interim protection granted by the High Court to the petitioner, due to which, the petitioner has filed a complaint bearing M.P. No.264 of 2026 against those police officers before the learned CJM, Purnia. We further note that the said Court has also issued notice in the said petition. The said Court has also asked for a report from the concerned police, which is awaited. 4. Be that as it may, let the concerned Superintendent of Police applied with the aforesaid order of the learned CJM, Purnia without any delay. Thereafter, the learned CJM, Purnia shall take a call in accordance with law. 5. Learned counsel for the respondent no.1-State of Bihar shall communicate the present order to the Trial Court. 6. A copy of this order be also sent to the learned CJM, Purnia." The Respondent no. 2 is Palak Kumari @ Pallawi Kumari.
Prior to this order, the Supreme Court had passed an order dated November 25, 2025, when the parties were sent to mediation initially, there was lack of cooperation on the side of the petitioner. However, later on, he did participate, but the mediation ultimately failed. The Court went into the merits of the matter. The Court found that no case for anticipatory bail was made out. Accordingly, the Special Leave Petition stands dismissed. The order of the Court dated November 25, 2025 for continuation of the interim protection granted to the petitioner by the High Court vide the impugned order dated September 24, 2025 stands vacated.
The case arose out of impugned final 4-page long order dated September 24, 2025 passed by Justice Purnendu Singh of the Patna High Court. The petitioner had approached the High Court apprehending his arrest in connection with Naugachhiya P.S. Case No. 33 of 2025 registered under Sections 85,115(2),126(2),352,3(5) of the BNS and Sections 3,4 of the DP Act. As per the allegation made in the FIR, the petitioner along with other family members had assaulted the informant due to non-fulfillment of demand of dowry.
Justice Singh had recorded and observed that "the parties have failed to settle the matrimonial dispute, the Court till last minute must strive to give opportunity to the parties to settle the dispute between the husband and wife amicably. 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. Continuation of the proceeding would amount to abuse of process of law leading to vexatious proceeding against the petitioner."
Justice Singh drew on Supreme Court's decision in B.S. Joshi vs. State of Haryana, reported in, (2003) 4 SCC 675, in paragraph nos. 12 and 13 wherein it held as under:-
“ 12. The special features in such matrimonial matters 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.
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