In Ashok Kumar Choubey @ Ashok Choubey & Ors. vs. The State of Bihar & Anr. (2026), Justice Ansul delivered a 4-page long judgement dated May 27, 2026, wherein, he concluded: "7. In view of the matter that the dispute relating to dowry and marriage was settled between the parties and the new FIR relates to allegation of molestation and continuance of this prosecution is bad in law, malafide and abuse of the process of the Court. The FIR lodged at Delhi is continuing and the same may be taken to its logical conclusion. In view thereof, order dated 14.09.2020 passed by the learned Additional Chief Judicial Magistrate, Patna (In-charge) in Jakkanpur P.S. Case No. 346 of 2018 is hereby quashed. 8. Accordingly, the application stands allowed." The judgement was reserved on March 18, 2026 upon hearing the parties. Prior to Justivce Ansul the case was heard by Justices Prabhat Kumar Singh, Partha Sarthy, Sandeep Kumar and Soni Shrivastava.
Notably, Justice Sandeep Kumar had stayed the proceedings of the trial court by his order dated March 27, 2025 during pendency of the application. The case was filed in the High Court on January 24, 2022 and registered on February 4, 2022 in the matter arising out of P.S.case dated July 28, 2018.
The application was filed by the petitioners for quashing the order dated September 14, 2020 passed by the Additional Chief Judicial Magistrate, Patna (In-charge) in Jakkanpur P.S. Case No. 346 of 2018 whereby and whereunder the learned Court has taken cognizance under Sections 406, 420 of the Indian Penal Code and under Section ¾ of the Dowry Prohibition Act. The prosecution case was that the informant alleged that marriage of her daughter was fixed between respective parents Ashok Kumar Choubey (petitioner no. 1) and Om Prakash Tiwari. Ring Ceremony was held at Delhi at the residence of Petitioner no. 1. On May 12, 2018, Petitioner no 1 visited Patna and informant’s husband gave Rs. 6 lakhs cash to him. On June 15, 2018 informant and her husband visited at the residence of Petitioner no. 1 where the petitioners demanded Rs. 10 lakh cash and one Honda City Car. Thereafter, marriage was cancelled on July 21, 2018. Later the marriage was attempted to be settled but due to unavoidable issues the marriage negotiations broke down.
The counsel for the petitioner submitted that the parties had gathered before the SHO, Rajendra Nagar on July 22, 2018 i.e. the petitioner no. 1, the proposed bridegroom and father of the bride. Both the parties gave a letter to the SHO claiming that they have decided not to get the marriage ceremony conducted and they have returned the goods of each other and they have no complaint against each other. Moreover, the girl an filed FIR in the Rajendra Nagar (New Delhi) Police Station. The counsel for the petitioner also submitted that police submitted final form in this case bearing final report dated October 31, 2019 stating that the case was found to be false. However, magistrate differing with the final form took cognizance under Section 406, 420 of the Indian Penal Code and under Section ¾ of the Dowry Prohibition Act.
Justice Ansul observed: "The crux of the allegation is that a marriage negotiation went bad. Even though some gadgets or money were exchanged but there is a document clearly showing that the parties returned their gifts and settled their dispute amicably. Still the instant case was filed and thereafter the daughter of the informant filed Central Delhi Rajendra Nagar P.S. Case No. 182 of 2018 on 19.09.2018. The lady in the FIR has not stated that the document signed by the parties on 22.07.2018 was either forged or obtained by any wrongful means. She has plainly written about the same and then has stated that she wishes to lodge the FIR in view of the later development."
