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

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

What the court decided

AI extract

Outcome

Matter referred to the Mediation Centre of the Court for mediation/reconciliation with notices to both parties; interim protection granted whereby no coercive action shall be taken against the applicants till the next date of listing in Complaint Case No.107 of 2019 (Sections 498A, 323 I.P.C., P.S. Ayana, district Auraiya, before A.C.J.M., Auraiya); protection conditional on deposit of Rs. 17,000/- within two weeks, failing which it stands automatically vacated; Rs. 14,000/- of the deposit to be released to opposite party no. 2; mediation to conclude preferably within eight weeks; case to be listed after three months.

Issue for consideration

Whether the present matter, being a matrimonial dispute between the parties, may be referred to the Mediation Centre of this Court for mediation/reconciliation instead of the criminal proceedings continuing. +1 more

Court's answer

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

Ratio / Principle

The applicants were directed to deposit a sum of Rs. 17,000/- within two weeks with the Mediation Centre of this Court, out of which Rs. 14,000/- shall be released in favour of opposite party no. 2 for her appearance before the Mediation Centre.

Key takeaways

The matter was remitted to the Mediation Centre for mediation, to be dealt with for resolution after issuing notices to both the parties.ratio¶9
Mediation proceedings shall be concluded expeditiously, preferably within a period of eight weeks, and the case shall be listed before an appropriate Bench after three months.ratio¶10
Till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No.107 of 2019 (Baby Begam vs. Etasham @ Bhure And Others), under Sections 498A, 323 I.P.C., pending in the court of A.C.J.M., Auraiya.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 73) — APPLICATION U/S 482 No. 26189 of 2024 — Etasham @ Bhure and 3 others v. State of U.P. and another — Order dated 24.1.2025 by Hon'ble Raj Beer Singh, J. — Matrimonial-dispute application: counsel submitted the matter could be well considered in mediation and there was possibility of reconciliation; the court held it just and proper to resort to mediation/reconciliation and remitted the matter to the Mediation Centre of the Court, with notices to both parties. Applicants directed to deposit Rs. 17,000/- within two weeks with the Mediation Centre, out of which Rs. 14,000/- to be released to opposite party no. 2 for her appearance; mediation to conclude expeditiously, preferably within eight weeks; case to be listed before appropriate Bench after three months. Interim protection: till the next date of listing, no coercive action to be taken against the applicants in Complaint Case No.107 of 2019 (Baby Begam vs. Etasham @ Bhure And Others) under Sections 498A, 323 I.P.C., Police Station- Ayana, District- Auraiya, pending in the court of A.C.J.M., Auraiya; if the deposit is not made within the stipulated period, the interim protection shall automatically stand vacated.

Court No. - 73

Case :- APPLICATION U/S 482 No. - 26189 of 2024

Applicant :- Etasham @ Bhure And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kesh Mani Dubey,Rajesh Chandra Gupta 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. 17,000/within two weeks from today with the Mediation Centre of this Court, out of which Rs. 14,000/- 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.107 of 2019 (Baby Begam vs. Etasham @ Bhure And Others), under Sections 498A, 323 I.P.C., Police Station- Ayana, District- Auraiya, pending in the court of A.C.J.M., Auraiya.

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 :- 24.1.2025

'SP'/-

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