Dinesh Chandra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Dinesh Chandra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application referred to the Mediation and Conciliation Centre subject to deposit of Rs. 55,000/- by demand draft/pay order within four weeks (notice to opposite party no.2 fixing 26.09.2025; staged payments of Rs. 20,000/-, Rs. 15,000/- and Rs. 15,000/- to opposite party no.2 on successive appearances; Rs. 5,000/- retained as mediation cost; Centre's report within three months); interim protection that no coercive action be taken against the applicant till next listing on 26.11.2025, conditional on deposit; automatic vacation of protection and dismissal of the application if the deposit is not made.

Issue for consideration

Whether the impugned order dated 20.06.2024 passed by the Additional Principal Judge, Family Court, Court No.5, Prayagraj in Misc. Case No. 61 of 2024 under Section 340 Cr.P.C. should be quashed (merits not adjudicated; matter referred to mediation).

Court's answer

The instant case is referred to the Mediation and Conciliation Centre of this Court, subject to deposit of Rs. 55,000/- by the applicant by demand draft/pay order in favour of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within four weeks; after deposit, the Centre to send notice to opposite party no.2 fixing 26.09.2025.

Ratio / Principle

Of the deposited amount, Rs. 20,000/- is payable to opposite party no.2 on her first appearance, Rs. 15,000/- on her second appearance and Rs. 15,000/- on her third appearance or final settlement, whichever is earlier.

Key takeaways

The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of mediation, and the Mediation Centre shall submit its report in the matter within three months.ratio¶19
As an interim measure, no coercive action shall be taken against the applicant till the next date of listing, from the date of deposit of the amount as directed.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Anish Kumar Gupta, J.), Application U/S 482 No. 30294 of 2024, Dinesh Chandra v. State of U.P. and Another (decided August 25, 2025): Section 482 Cr.P.C. application seeking quashing of the order dated 20.06.2024 passed by the Additional Principal Judge, Family Court, Court No.5, Prayagraj in Misc. Case No. 61 of 2024 (Section 340 Cr.P.C.) arising out of Case No. 374 of 2019, P.S. Cantt., District Prayagraj. Both parties (stated to be advocates practicing at Prayagraj) and counsel having admitted chances of reconciliation and amicable settlement, the case was referred to the Mediation and Conciliation Centre of the Court subject to deposit of Rs. 55,000/- by demand draft/pay order in favour of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within four weeks; of this, Rs. 20,000/- is payable to opposite party no.2 on her first appearance, Rs. 15,000/- on her second appearance and Rs. 15,000/- on her third appearance or final settlement (whichever is earlier), with Rs. 5,000/- retained as cost of mediation; notice to opposite party no.2 fixing 26.09.2025; Centre's report within three months. As an interim measure, no coercive action against the applicant till the next date of listing (26.11.2025) from the date of deposit; protection to stand automatically vacated and the application dismissed if the deposit is not made within the stipulated period. The merits of quashing were not adjudicated; no precedent was cited or relied upon.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 30294 of 2024

Dinesh Chandra

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Bhuvnesh Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

(Sl.No.4)

HON'BLE ANISH KUMAR GUPTA, J.

Heard Sri Bhuvnesh Kumar singh, learned counsel for the applicant and Sri S.K.Ojha, learned AGA-I for the State.

2.The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 20.06.2024 passed by Additional Principal Judge, Family Court, Court No.5, Prayagraj in Misc. Case No. 61 of 2024 (Dinesh Chandra vs. Smt. Anamika) under Section 340 Cr.P.C. arising out of Case No. 374 of 2019, P.S. Cantt., District Prayagraj.

Learned counsel for the applicant submits that the applicant and the opposite party no.2, both ar eadvocates by profession and both are practicing in Prayagraj. Learned counsel for applicant submits that if an opportunity is granted to the parties there is a possibility of amicable settlement of dispute through the mediation centre of this Court.

Learned counsels for the parties admit that there are chances of reconciliation between the parties.

In view of the aforesaid submission, the instant case is referred to Mediation and Conciliation Centre of this Court subject to deposit of a sum of Rs. 55,000/- by the applicant by way of demand draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of four weeks from today. After deposit of the aforesaid amount, the Mediation Centre shall send a notice to the opposite party no.2 fixing 26.09.2025 to appear before the Mediation and Conciliation Centre of this Court on the date fixed in the notice. Out of

A482 No. 30294 of 2024

2

aforesaid amount, a sum of Rs. 20,000/- shall be payable to the opposite party no.2 on her first appearance, Rs. 15,000/- on her second appearance and Rs. 15,000/- on her third appearance or final settlement, whichever is earlier before the Mediation and Conciliation Centre. The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of Mediation. The Mediation Centre shall submit its report in the matter within three months.

The parties may contact the Coordinator of the Mediation Centre on Mobile No. 9554303060 as well as E-Mail [email protected].

List this case on 26.11.2025 before the appropriate Bench.

In view of the fact as noted above and that the matter has been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, as an interim measure it is provided that no coercive action shall be taken against applicant till the next date of listing, from the date of deposit of amount as directed herein above.

However, it is provided that if the amount, as directed above, is not deposited by the applicant within the aforesaid period, the protection granted to the applicant shall automatically stand vacated and the instant application under Section 482 Cr.P.C. shall stand dismissed, without any further reference to the Court.

August 25, 2025 Ashish Pd.

(Anish Kumar Gupta,J.)

Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad