Kuldeep Mishra and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kuldeep Mishra and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional interim protection from coercive action in Complaint Case No. 432 of 2018, subject to deposit of Rs. 25,000/- with the Mediation Centre within two weeks and filing of the receipt before the court below; matter referred to the Mediation and Conciliation Centre with the case to be listed in the week commencing 24.02.2025 along with the Mediation Centre's report; the main quashing application itself was not decided at this stage.

Issue for consideration

Whether the criminal proceedings and summoning order in Complaint Case No. 432 of 2018 (under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act), being a matrimonial dispute, can be amicably settled through mediation, with interim protection from coercive action pending such mediation.

Court's answer

The applicants were directed to deposit Rs. 25,000/- with the Mediation Centre of the Court within two weeks, out of which Rs. 20,000/- is payable to opposite party no. 2 on her appearance before the Mediation Centre and Rs. 5000/- is to be retained as mediation fee.

Ratio / Principle

Notice was ordered to be issued to opposite party no. 2, returnable at an early date.

Key takeaways

The matter was remitted to the Mediation Centre, which, after deposit by the applicants, shall issue notice to the parties fixing a date and shall endeavour to conclude the mediation and conciliation proceedings expeditiously, preferably within one month.ratio¶11
The case was directed to be listed in the week commencing 24.02.2025 before the appropriate Bench along with the report of the Mediation Centre.ratio¶12
Upon deposit of Rs.25,000/- before the Mediation Centre and submission of the receipt before the court below, no coercive action shall be taken against the applicants in the aforesaid case till the next date of listing.

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.), order dated 22.1.2025 in Application U/S 482 No. 35307 of 2024, Kuldeep Mishra & 4 others v. State of U.P. & another: The applicants sought quashing of the entire proceedings and the summoning order dated 26.09.2022 passed by the Chief Judicial Magistrate, Etah in Complaint Case No. 432 of 2018 (Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali Dehat, District Etah). Counsel for the applicants contended the matter is a matrimonial dispute capable of amicable settlement through mediation. The Court issued notice to opposite party no. 2, directed the applicants to deposit Rs. 25,000/- with the Mediation and Conciliation Centre within two weeks (Rs. 20,000/- payable to opposite party no. 2 on her appearance; Rs. 5,000/- retained as mediation fee), and remitted the matter to the Mediation Centre to conclude proceedings expeditiously, preferably within one month. On filing of the deposit receipt before the court below, no coercive action was to be taken against the applicants till the next date of listing; on failure or default the interim protection lapses and the case is to be relisted forthwith. The S.P., Etah was asked to report on the occupation and financial status of applicant no. 1. Case listed in the week commencing 24.02.2025 with the Mediation Centre's report; the quashing application itself remained undecided.

Court No. - 77

Case :- APPLICATION U/S 482 No. - 35307 of 2024

Applicant :- Kuldeep Mishra And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Swaroop,Vinay Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Vinay Kumar Singh, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as summoning order dated 26.09.2022 passed by the Chief Judicial Magistrate, Etah in Complaint Case No.432 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Kotwali Dehat, District Etah pending in the court of Chief Judicial Magistrate, Etah.

Contention of learned counsel for the applicants is that the present matter is matrimonial dispute and the same can be amicably settled through mediation proceeding and a request is made to refer this case to Mediation and Conciliation Centre of this Court.

Issue notice to the opposite party no. 2, returnable at an early date.

In view of the above, it is directed that applicants shall deposit a sum of Rs. 25,000/- within two weeks from today with the Mediation Centre of this Court out of which Rs. 20,000/- shall be paid to opposite party no. 2, on the date fixed, on her appearance before the Mediation Centre and Rs. 5000/be retained by the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of one month.

List this case in the week commencing 24.02.2025 before the appropriate Bench along with the report of Mediation Centre.

After depositing Rs.25,000/- before mediation centre, the receipt of the same shall be submitted by the applicants before the court below. In case, such receipt of deposit is filed before the court below then, no coercive action shall be taken against the applicants in the aforesaid case, till next date of listing.

In case, the applicants fail to submit the receipt of deposit before the court below then court below will be free to proceed in the matter.

It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

In the meanwhile, the S.P., Etah will submit his report regarding occupation and financial status of applicant no.1.

Order Date :- 22.1.2025 A.Kr.

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