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Avnish Kumar vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

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Allahabad HC
2025
Avnish Kumar vs State of U.P. and AnotherAvnish Kumar v. State of U.P. and Another

Disposed¶18

Avnish Kumar v. State of U.P. and Another

Allahabad HC25 Apr 2025A482/2040/2025

Case brief

AI extract

What is this about?

Allahabad High Court order dated 26.5.2025 by Vikas Budhwar, J. in Application U/S 482 No. 2040 of 2025 (Avnish Kumar v. State of U.P. and another). Matrimonial/family dispute referred to Mediation & Conciliation Centre; conditional interim stay of further proceedings of Complaint Case No. 4498 of 2024 (Sapna v. Avnish Kumar and others) under Sections 498-A, 323 IPC and Section 4 D.P. Act, P.S. Bewar, District Mainpuri, pending before Judicial Magistrate, Court No. 2, Mainpuri. Conditions: deposit of Rs 25,000/- by demand draft in favour of Registrar General within two weeks; Rs 15,000/- to opposite party no. 2 on appearance; Rs 3,000/- to Mediation Centre; Rs 7,000/- abides mediation outcome with refund on failure; interim protection ends automatically on default; counter affidavit four weeks, rejoinder two weeks; mediation report within two months; next listing 15.09.2025.

What did the court decide?

Interim order: further proceedings of Complaint Case No. 4498 of 2024 stayed in so far as they pertain to the applicant till the next date of listing (15.09.2025), subject to deposit of Rs 25,000/- and compliance with the mediation-related conditions within two weeks; matter referred to the Mediation & Conciliation Centre with notice to opposite party no. 2. ¶18

Why is it important?

The matter is referred to the Mediation & Conciliation Centre of the Allahabad High Court with specified conditions, including that the applicant deposit Rs 25,000/- by demand draft in favour of the Registrar General within two weeks. ¶6

What the court decided

AI extract

Outcome

Interim order: further proceedings of Complaint Case No. 4498 of 2024 stayed in so far as they pertain to the applicant till the next date of listing (15.09.2025), subject to deposit of Rs 25,000/- and compliance with the mediation-related conditions within two weeks; matter referred to the Mediation & Conciliation Centre with notice to opposite party no. 2.

Issue for consideration

Whether the further proceedings of Complaint Case No. 4498 of 2024 against the applicant should be stayed while the matrimonial dispute between the applicant and opposite party no. 2 is referred to mediation before the forum provided by the Allahabad High Court.

Court's answer

The matter is referred to the Mediation & Conciliation Centre of the Allahabad High Court with specified conditions, including that the applicant deposit Rs 25,000/- by demand draft in favour of the Registrar General within two weeks.

Ratio / Principle

Of the deposited amount, Rs 15,000/- is payable to opposite party no. 2 on her appearance before the Mediation Centre and Rs 3,000/- to the Mediation Centre; the remaining Rs 7,000/- abides the outcome of mediation.

Key takeaways

Till the next date of listing, the further proceedings of Complaint Case No. 4498 of 2024, in so far as they pertain to the applicant, are stayed.ratio¶18
If the applicant does not deposit the directed amount within two weeks or fails to comply with any imposed condition, the interim protection granted by the Court terminates automatically and the court below may proceed against him in accordance with law; proof of deposit must be filed before the court below.ratio¶19
Notice is to be issued to opposite party no. 2, and the Mediation Centre is to submit its report in the matter within two months; the matter is to be listed on 15.09.2025 along with the mediation report.

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.), Application U/S 482 No. 2040 of 2025, Avnish Kumar v. State of U.P. and another, order dated 26.5.2025. On the applicant's contention that the matter is a family dispute between husband and wife (married on 28.04.2015) resolvable through mediation, the Court referred the matter to the Mediation & Conciliation Centre of the Court subject to conditions: the applicant to deposit Rs 25,000/- by demand draft in favour of the Registrar General within two weeks; Rs 15,000/- thereof payable to opposite party no. 2 on her appearance, Rs 3,000/- to the Mediation Centre, and the remaining Rs 7,000/- to abide the mediation outcome (to be adjusted if mediation succeeds and returned to the applicant within two weeks of the final mediation order if it fails). Notice was issued to opposite party no. 2, with counter affidavit within four weeks and rejoinder within two weeks thereafter; the Mediation Centre to report within two months; matter listed on 15.09.2025 with the mediation report. Till the next date of listing, further proceedings of Complaint Case No. 4498 of 2024 (Sapna V. Avnish Kumar and others), under Sections 498-A, 323 IPC and Section 4 of the D.P. Act, P.S. Bewar, District Mainpuri, pending before the Judicial Magistrate, Court No. 2, Mainpuri, were stayed in so far as they pertain to the applicant. Non-deposit or breach of any condition within two weeks brings the interim protection to an automatic end, and proof of deposit must be filed before the court below.

A

Court No. - 73

Case :- APPLICATION U/S 482 No. - 2040 of 2025

Applicant :- Avnish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Shahrukh Wasim Ansari Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

The contention of the learned counsel for the applicant is that the applicant is the husband of the opposite party no. 2, marriage of the applicant stood solemnized with the opposite party no. 2 on 28.04.2015. He submits that matter is nothing but a family dispute which can be resolved through mediation by the forum as provided by Allahabad High Court.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):-

(a) The applicant is directed to deposit a sum of Rs 25,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In charge Mediation and Conciliation Centre, High Court, Allahabad.

(b) After deposit of the aforesaid money by the applicant, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.

(c) Out of aforesaid amount, a sum of Rs 15,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation Centre. A sum of Rs. 3,000/- shall be payable to the Mediation Centre.

(d) The rest amount of Rs 7000/- shall be abide by the outcome of mediation.

(e) In case, mediation succeeds, the above amount Rs 7000/- (rest amount) shall be adjusted accordingly.

(f) In case, mediation fails, the said amount Rs. 7000 / - (rest

amount) shall be returned to the applicant within two weeks from the date of final order passed by the mediation centre.

(g) The Mediation Centre will submit its report in the matter within two months.

In addition to the same issue notice to the opposite party no. 2.

All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

List on 15.09.2025 before appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.

Till the next date of listing, the further proceeding of Complaint Case No. 4498 of 2024 (Sapna V. Avnish Kumar and others), under Sections 498-A, 323 I.P.C, and 4 of D.P Act P.S. Bewar, DistrictMainpuri, pending in the Court of Judicial Magistrate, Court No. 2, Mainpuri, in so far as it pertains to the applicant shall remain stayed.

It is made clear that in case, the said amount, as directed above, is not deposited by the applicant within a period of two weeks and any condition so entrusted upon the applicant is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicant in accordance with law. For the said purpose, the receipt of the deposit so made, shall be filed before the court below within the said period, after lapse of two weeks and, in case, the proof of deposit is not submitted before the court below, the court below shall proceed with the matter and the benefit of the present order would not be available to the applicant.

Order Date :- 26.5.2025 Rajesh

Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the further proceedings of Complaint Case No. 4498 of 2024 against the applicant should be stayed while the matrimonial dispute between the applicant and opposite party no. 2 is referred to mediation before the forum provided by the Allahabad High Court.medium confidence¶5
The court held
The matter is referred to the Mediation & Conciliation Centre of the Allahabad High Court with specified conditions, including that the applicant deposit Rs 25,000/- by demand draft in favour of the Registrar General within two weeks.ratio¶6

Statutes considered

4 provisions across 3 enactments

AI extract

APPLICATION U/S 482482¶2
Indian Penal Code (I.P.C.)498-A¶18 323¶18
Dowry Prohibition Act (D.P. Act)4¶18

Procedural history

How this case reached the court

AI extract

Prior proceeding
Complaint Case No. 4498 of 2024 (Sapna V. Avnish Kumar and others), under Sections 498-A, 323 IPC and Section 4 of the Dowry Prohibition Act, P.S. Bewar, District Mainpuri, pending before the Judicial Magistrate, Court No. 2, Mainpuri; the applicant seeks interim protection from its further proceedings.¶18
Prior proceeding
Background: the applicant is the husband of opposite party no. 2; their marriage was solemnized on 28.04.2015; counsel characterised the matter as a family dispute capable of resolution through mediation.¶5

Parties & counsel

AI extract

applicant
Avnish Kumar¶3
Mohd Shahrukh Wasim Ansari
respondent
State of U.P.¶3
G.A.
respondent
Sapna (opposite party no. 2)¶18

Coram

AI extract

Hon'ble Vikas Budhwar,J.author¶4

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 25 Apr 2025 · April
Registered: 18 Jan 2025
Case no.: A482/2040/2025
CNR: UPHC010269902025
Topic: Dowry and Cruelty
Bench: Case IS Not Allocated TO Court.
Case type: APPLICATION U/S 482

All orders in this case

2 orders share this CNR

25 Apr 2025Order 1 — this page · Case IS Not Allocated TO Court.
26 May 2025Order 2 · Case IS Not Allocated TO Court.

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Cite this judgement

Avnish Kumar v. State of U.P. and Another, A482/2040/2025 (ALL), decided on 25 April 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

APPLICATION U/S 482482
Indian Penal Code (I.P.C.)498-A · 323
Dowry Prohibition Act (D.P. Act)4

View all statutes

Procedural history2

Complaint Case No. 4498 of 2024 (Sapna V. Avnish Kumar and others), under Sections 498-A, 323 IPC and Section 4 of the Dowry Prohibition Act, P.S. Bewar, District Mainpuri, pending before the Judicial Magistrate, Court No. 2, Mainpuri; the applicant seeks interim protection from its further proceedings.
Background: the applicant is the husband of opposite party no. 2; their marriage was solemnized on 28.04.2015; counsel characterised the matter as a family dispute capable of resolution through mediation.

View full history

Bench / Coram

Hon'ble Vikas Budhwar,J.

Parties & counsel

ratio¶14