Rajkumar and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Rajkumar and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Matrimonial dispute remitted to the Mediation Centre with notices to both parties; applicants to deposit Rs. 20,000/- within two weeks (Rs. 16,000/- to be released to opposite party no. 2); mediation to conclude preferably within eight weeks; case to be listed after three months; interim protection from coercive action in Complaint Case No.4266 of 2024 until next date of listing, subject to automatic vacation on non-deposit.

Issue for consideration

Whether the matter, being a matrimonial dispute between the parties, should be referred to the Mediation Centre of the Court for resolution/reconciliation. +1 more

Court's answer

Having considered the arguments, the court found recourse to mediation/reconciliation just and proper and remitted the matter to the Mediation Centre for resolution, with notices to be issued to both parties.

Ratio / Principle

Applicants directed to deposit Rs. 20,000/- with the Mediation Centre of the Court within two weeks, out of which Rs. 16,000/- is to be released in favour of opposite party no. 2 for her appearance before the Mediation Centre.

Key takeaways

Mediation proceedings to be concluded expeditiously, preferably within eight weeks; thereafter the case to be listed before an appropriate Bench after three months.ratio¶11
Interim protection granted: till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No.4266 of 2024 (Neelam vs. Raj Kumar And Others) pending before Civil Judge (S.D.)/F.T.C. (CAW), Budaun.ratio¶12
The interim protection is conditional: if the directed amount is not deposited within the prescribed period, the interim protection automatically stands vacated.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 73), Raj Beer Singh, J.; Order dated 23.1.2025 in Application U/S 482 No. 24713 of 2024 (Rajkumar and 3 others v. State of U.P. and another). Treating the matter as a matrimonial dispute capable of resolution through mediation, the court remitted it to the Mediation Centre of the Court, with notices to both parties, directing the applicants to deposit Rs. 20,000/- within two weeks, out of which Rs. 16,000/- was to be released to opposite party no. 2 for her appearance. Mediation was to conclude preferably within eight weeks and the case to be relisted after three months. As interim protection, no coercive action was to be taken till the next date of listing against the applicants in Complaint Case No.4266 of 2024 (Neelam vs. Raj Kumar And Others), under Sections 498A, 323, 504 I.P.C. and Section 4 Dowry Prohibition Act (Police Station Islamnagar, District Budaun), pending before the Civil Judge (S.D.)/F.T.C. (CAW), Budaun; the protection was to stand automatically vacated if the deposit was not made within the stipulated period.

Court No. - 73

Case :- APPLICATION U/S 482 No. - 24713 of 2024

Applicant :- Rajkumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

It was submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute between parties and the said matter can be well considered in mediation. It was submitted that there is possibility of reconciliation between the parties and therefore, the matter may be referred to the Mediation Centre of this Court.

Having considered the arguments advanced across the bar, it appears just and proper that in the instant case, the proceedings of mediation/reconciliation be resorted to between the disputing parties.

It is directed that applicants shall deposit a sum of Rs. 20,000/within two weeks from today with the Mediation Centre of this Court, out of which Rs. 16,000/- shall be released in favour of opposite party no. 2 for her appearance before the Mediation Centre.

The matter is remitted to the Mediation Centre for mediation with the direction that same may be dealt with for resolution, after issuing notices to both the parties.

Mediation proceedings shall be concluded expeditiously

preferably within a period of eight weeks. The case shall be listed before appropriate Bench after three months.

Till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No.4266 of 2024 (Neelam vs. Raj Kumar And Others), under Sections 498A, 323, 504 I.P.C. and Section 4 Dowry Prohibition Act, Police StationIslamnagar, District- Budaun, pending in the court of Civil Judge (S.D.)/F.T.C. (CAW), Budaun.

After depositing the amount aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

Order Date :- 23.1.2025

'SP'/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad