Dr. Bhuvanesh Kumar Singh Sengar and 4 Others vs State… — Dowry and Cruelty | Allahabad HC (2025)

Dr. Bhuvanesh Kumar Singh Sengar and 4 Others vs State… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: matter referred to the Mediation Centre, High Court Allahabad, subject to deposit of Rs. 35,000/- (Rs. 30,000/- to opposite party no.2, Rs. 5,000/- to the Centre); suspension of coercive action against the applicants conditioned on filing the deposit receipt before the court below until the next listing; direction to amend the application to U/s 528 B.N.S.S. and relisting in the week commencing 18.08.2025. The quashal prayer itself remains undecided.

Issue for consideration

Whether the proceedings sought to be quashed, being matrimonial in origin (Case Crime No. 428 of 2022; IPC ss.498A/323/504; DP Act ss.3/4), should instead be referred to the Mediation Centre.

Court's answer

Treating the proceeding as matrimonial in nature, the court referred the matter to the Mediation Centre, High Court Allahabad, subject to the applicants depositing Rs. 35,000/- within two weeks — Rs. 30,000/- to opposite party no.2 on her appearance before the Centre and Rs. 5,000/- retained by the Centre for expenses — with notices to issue thereafter and directions to file the memo of parties with contact details and to conclude mediation expeditiously.

Ratio / Principle

Conditional interim protection: if the applicants file the receipt of the deposit before the court below, no coercive action shall be taken against them in the aforesaid case till the next date of listing; if they fail to submit the receipt, the court below is free to proceed against them.

Key takeaways

In the meantime, learned counsel for the applicants was directed to file an amendment application converting this application into an application U/s 528 B.N.S.S., with the case to be listed in the week commencing 18.08.2025.ratio¶16

Detailed headnote1 paragraphs

Criminal — Application U/S 482 No. 3741 of 2025, High Court of Judicature at Allahabad (Court No. - 75), Order dated 17.4.2025 — Hon'ble Arun Kumar Singh Deshwal, J. — Dr. Bhuvanesh Kumar Singh Sengar and 4 others v. State of U.P. and another. Applicants sought quashal of charge-sheet No. 711 of 2022 dated 30.10.2022 and the cognizance/summoning order dated 25.11.2022, and of the entire proceedings of Case No. 36644 of 2022 (State Vs. Dr. Bhuvanesh Kumar Singh Sengar and others) arising out of Case Crime No. 428 of 2022 under Sections 498A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Shikohabad, District Firozabad. Counsel contended the proceeding was matrimonial in nature; the court referred the matter to the Mediation Centre, High Court Allahabad, subject to deposit of Rs. 35,000/- within two weeks — Rs. 30,000/- to opposite party no. 2 on her appearance, Rs. 5,000/- retained by the Centre — with notices to opposite party no. 2, filing of memo of parties with WhatsApp/e-mail details, and expeditious conclusion of mediation. Interim conditional relief: on filing of the deposit receipt before the court below, no coercive action till the next date of listing; otherwise the court below free to proceed. Counsel directed to amend the application to U/s 528 B.N.S.S.; listing in the week commencing 18.08.2025. Quashal prayer itself not decided in this interim order.

Court No. - 75

Case :- APPLICATION U/S 482 No. - 3741 of 2025

Applicant :- Dr. Bhuvanesh Kumar Singh Sengar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Sunil Kumar Yadav, learned counsel for the applicant and Sri Pushpendra Yadav learned AGA for the State.

The present application has been filed to quash the impugned charge-sheet No.711 of 2022 dated 30.10.2022 and cognizance/summoning order dated 25.11.2022 as well as entire proceeding of Case No. 36644 of 2022 (State Vs. Dr. Bhuvanesh Kumar Singh Sengar and others) arising out of Case Crime No. 428 of 2022 under Sections- 498A, 323, 504 I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Shikohabad DistrictFirozabad.

Contention of learned counsel for the applicants is that the present proceeding is arising out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre.

In view of the above, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs.35,000/- within two weeks from today with the Mediation Centre, out of which Rs.30,000/shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

It is also directed that while depositing the amount before the Mediation Centre, learned counsel for the applicants shall also file memo of parties as mentioned in the present case along with WhatsApp Number as well as Email-Id of the private respondent(s), if available.

Issue notice to opposite party no.2.

After depositing the aforesaid amount within aforementioned

time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

List in the week commencing 18.08.2025.

It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing.

It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants.

In the meantime, learned counsel for applicants shall file an amendment application to convert this application into application U/s 528 B.N.S.S.

Order Date :- 17.4.2025 Md Faisal

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad