Usman and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Usman and 2 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 & Conciliation Centre with notice to opposite party no.2; interim protection that no coercive action be taken against the applicants till the next listing (auto-vacated if the husband misses two mediation dates); case to be relisted after three months with the mediation report.

Issue for consideration

Whether the charge-sheet dated 23.02.2024 in Case Crime No. 755 of 2022 (Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act) and the cognizance order dated 29.03.2024 passed by the Chief Judicial Magistrate, Hapur should be quashed under Section 482 Cr.P.C.; adjudication deferred pending mediation.

Court's answer

The matter is referred to the Mediation & Conciliation Centre of the High Court, and the Office shall send a notice to opposite party no.2 to appear in the mediation proceedings.

Ratio / Principle

Out of the deposited amount, Rs. 5000/- shall be payable to the Mediation Centre and the balance Rs. 25,000/- shall be paid to opposite party no.2 upon her appearance twice before the Mediation and Conciliation Centre.

Key takeaways

The Mediation Centre is to submit its report in the matter within three months.ratio¶9
As interim relief, no coercive action shall be taken against the applicants in the aforesaid case till the next date of listing.ratio¶11
The interim protection stands automatically vacated if applicant no.1 (husband) fails to participate in the mediation proceedings on two dates, in which event the Mediation Centre is to immediately communicate with the Office so that the case is listed within a week before the appropriate court.ratio

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Usman and 2 others seeking quashing of the charge-sheet dated 23.02.2024 in Case Crime No. 755 of 2022 (Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Hapur Nagar, District Hapur) and of the cognizance order dated 29.03.2024 passed by the Chief Judicial Magistrate, Hapur. In compliance with the Court's earlier order dated 14.02.2025, a deposit receipt of Rs.30,000/- issued by the Allahabad High Court Mediation and Conciliation Centre was taken on record. At the applicants' request, the matter was referred to the Mediation & Conciliation Centre; the Office was directed to notify opposite party no.2 to appear; Rs. 5000/- was made payable to the Centre and the balance Rs. 25,000/- to opposite party no.2 on her appearing twice before it; the Centre's report was due within three months, with listing thereafter alongwith the report. Interim direction: no coercive action against the applicants till the next listing; the interim order stands automatically vacated if applicant no.1 (husband) remains absent from mediation on two dates. Order dated 6.3.2025 before Hon'ble Mrs. Manju Rani Chauhan, J. (single judge). No precedent was cited or engaged with.

Court No. - 52

Case :- APPLICATION U/S 482 No. - 35722 of 2024

Applicant :- Usman And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Raj Kumar Mishra, learned counsel for the applicants, Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 23.02.2024 in Case Crime No. 755 of 2022, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Hapur Nagar, District Hapur as well as cognizance order dated 29.03.2024 passed by Chief Judicial Magistrate, Hapur.

In compliance of earlier order of this Court dated 14.02.2025, learned counsel for the applicants has placed the deposit receipt of Rs.30,000/- before this Court, which has been issued by the Allahabad High Court Mediation and Conciliation Centre. It is taken on record.

Learned counsel for the applicants requests that matter may be referred to mediation centre.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. Office shall send a notice to the opposite party no.2 to appear in the mediation proceedings. Out of the aforesaid amount Rs. 5000/- shall be payable to the Mediation Centre and balance Rs. 25,000/- shall be paid to the opposite party no.2 on her appearance twice before the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.

List this case after three months alongwith the report of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

It is made clear that in case the applicant no. 1 (husband) fails to participate in mediation proceedings on two dates, the interim order shall automatically stand vacated and the Mediation Centre will immediately communicate with the office which in turn shall list the case within a week before appropriate court for passing orders in the matter.

Order Date :- 6.3.2025 Abhishek Singh

Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad