Devendra Agarwal and 3 Others vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

Devendra Agarwal and 3 Others vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application not finally decided: matter referred to the Mediation Centre, High Court Allahabad, subject to deposit of Rs.35,000/- within two weeks (Rs.30,000/- to opposite party no.2 on her appearance; Rs.5,000/- retained by the Mediation Centre towards expenses); notice to opposite party no.2; mediation to be concluded expeditiously; matter listed in the week commencing 10.03.2025; no coercive action against applicants till next date of listing upon filing of deposit receipt before the court below, failing which the court below is free to proceed.

Issue for consideration

Whether the entire proceedings of Complaint Case No.137 of 2023 and the summoning order dated 09.11.2023 pending before the Chief Judicial Magistrate, Bulandshahr under Sections 12, 18, 19, 20, 22 of the D.V. Act are liable to be quashed. +1 more

Court's answer

Interim protection: if the applicants file the receipt of the deposit before the court below, no coercive action shall be taken against them in the aforesaid case till the next date of listing; if they fail to submit the receipt, the court below is free to proceed against them.

Ratio / Principle

The matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants deposit Rs.35,000/- within two weeks, out of which Rs.30,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre and the balance Rs.5,000/- retained by the Mediation Centre towards its expenses.

Key takeaways

After deposit of the amount, notices shall be issued to the parties fixing a date for mediation, and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously; the matter is to be listed in the week commencing 10.03.2025.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.), Application U/S 482 No. 18994 of 2024, Devendra Agarwal & 3 others v. State of U.P. & another, order dated 22.1.2025: Applicants sought quashing of the entire proceedings of Complaint Case No.137 of 2023 (Smt. Pallavi Agarwal v. Shri Devendra Agarwal & Another) and the summoning order dated 09.11.2023, pending before the Chief Judicial Magistrate, Bulandshahr under Sections 12, 18, 19, 20, 22 of the D.V. Act (Police Station Sikandrabad, District Bulandshahr). On the contention that the proceeding arose out of an offence matrimonial in nature, the Court referred the matter to the Mediation Centre, High Court Allahabad, subject to the applicants depositing Rs.35,000/- within two weeks, of which Rs.30,000/- is payable to opposite party no.2 on her appearance and Rs.5,000/- is retained by the Centre towards expenses. Notice was ordered to opposite party no.2, with directions to conclude mediation expeditiously and list the matter in the week commencing 10.03.2025. Interim protection: no coercive action against the applicants till the next date of listing if the deposit receipt is filed before the court below; otherwise the court below is free to proceed.

Court No. - 77

Case :- APPLICATION U/S 482 No. - 18994 of 2024

Applicant :- Devendra Agarwal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km Preete,Neeraj Kumar Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Km. Preete, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.137 of 2023 (Smt. Pallavi Agarwal Vs. Shri Devendra Agarwal & Another), as well as summoning order dated 09.11.2023 along with all sub-sequential orders pending in the court of Chief Judicial Magistrate, Bulandshahr, under Sections-12, 18, 19, 20, 22 of D.V. Act, Police Station-Sikandrabad, District-Bulandshahr.

Contention of learned counsel for the applicants is that the present proceeding is arising out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre.

In view of the above, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs.35,000/- within two weeks from today with the Mediation Centre, out of which Rs.30,000/- shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center

towards its expenses.

Issue notice to opposite party no.2.

After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

List in the week commencing 10.03.2025.

It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing.

It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants.

Order Date :- 22.1.2025 S.Chaurasia

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad