Prem Shankar and 7 Others vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2025)

Prem Shankar and 7 Others vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Matter referred to Mediation & Conciliation Centre, High Court, Allahabad (report within two months); notice to opposite party no. 2; counter affidavit within four weeks and rejoinder within two weeks thereafter permitted; case listed on 12.05.2025; interim stay of further proceedings in Complaint Case No. 10716 of 2024 and of the summoning order dated 27.11.2024 in so far as pertaining to the applicants, with interim protection lapsing automatically upon non-compliance with the conditions. The quashing question itself was not adjudicated at this stage.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) and the summoning order dated 27.11.2024 under Sections 323 and 506 IPC pending before Additional Civil Judge (C.D.) Court No.3/ Additional Chief Judicial Magistrate, Kanpur Dehat should be quashed. +1 more

Court's answer

Till the next date of listing (12.05.2025), the further proceedings in Complaint Case No. 10716 of 2024 and the summoning order dated 27.11.2024 pending before Additional Civil Judge (C.D.) Court No.3/ Additional Chief Judicial Magistrate, Kanpur Dehat shall remain stayed in so far as they pertain to the applicants.

Ratio / Principle

The Court referred the matter to the Mediation & Conciliation Centre of this Court with directions (conditions): (a) the Office shall send a notice to opposite party no. 2 fixing a date to appear before the Centre, and (b) the Mediation Centre will submit its report in the matter within two months.

Key takeaways

If any condition entrusted upon the applicants is not complied with within the aforesaid period, the interim protection granted by the Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants in accordance with law.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J., sole judge; Order Date 6.2.2025; Neutral Citation No. 2025:AHC:17469) — Application u/s 482 Cr.P.C. No. 3628 of 2025 by Prem Shanker and 7 Others seeking quashing of the entire proceedings of Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) and the summoning order dated 27.11.2024 under Sections 323 and 506 IPC, Police Station Rura, District Kanpur Dehat, pending before Additional Civil Judge (C.D.) Court No.3/ Additional Chief Judicial Magistrate, Kanpur Dehat. Counsel contended the proceedings were a counterblast to those initiated by applicant No. 2 (wife of opposite party No. 2) under Section 125 Cr.P.C. and on 21.03.2024 under Sections 498A, 323, 504, 506 IPC read with Section 3/4 Dowry Prohibition Act amid matrimonial discord, and that being a no-injury case settlement was possible. The Court did not adjudicate the merits at this stage: it referred the matter to the Mediation & Conciliation Centre (notice to opposite party no. 2; report within two months), issued notice, allowed counter affidavit (four weeks) and rejoinder (two weeks thereafter), listed the case for 12.05.2025, and stayed the further proceedings vis-à-vis the applicants till then, the interim protection to lapse automatically if any condition entrusted on the applicants is not complied with.

Neutral Citation No. - 2025:AHC:17469

Court No. - 74

Case :- APPLICATION U/S 482 No. - 3628 of 2025

Applicant :- Prem Shankar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Sanjay Mishra, learned counsel for the applicants as well as Shri Vikash Sharma, learned State Law Officer for the State and perused the record with the assistance of learned counsel for the parties.

This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) as well as the impugned summoning order dated 27.11.2024 under Sections 323 and 506 IPC and Police Station- Rura, District Kanpur Dehat, pending before the court of Additional Civil Judge (C.D.) Court No.3/ Additional Chief Judicial Magistrate, Kanpur Dehat.

The contention of the learned counsel for the applicants is that applicant No. 2 is the wife of the opposite party No. 2 and due to matrimonial discord, proceedings under Section 125 Cr.P.C. has been initiated and further applicant No.2 also initiated proceedings under Sections 498A, 323, 504, 506 IPC read with Section 3/4 Dowry Prohibition Act on 21.03.2024 and as a counterblast, now the impugned proceedings have been initiated by the opposite party No. 2- husband, on 15.05.2024. He submits that the

applicants are innocent and the allegations are fabricated.

Learned counsel for the applicants has further argued that it's a no injury case and even in fact in case the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad there are bright chances and all possibilities that the issue being settled between the parties and as obviously this matter emanates from the matrimonial dispute.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):-

(a) Office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.

(b) The Mediation Centre will submit its report in the matter within two months.

In addition to the same issue notice to the opposite party no. 2.

All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

List this case on 12.05.2025 in the additional cause list before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.

Till the next date of listing, the further proceedings in Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) as well as the impugned summoning order dated 27.11.2024 under Sections 323 and 506 IPC and Police StationRura, District Kanpur Dehat pending before the court of

Additional Civil Judge (C.D.) Court No.3/ Additional Chief Judicial Magistrate, Kanpur Dehat in so far as it pertains to the applicants shall remain stayed .

It is made clear that in case, any condition so entrusted upon the applicants is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants in accordance with law.

Order Date :- 6.2.2025 K.K.Tiwari

Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad