Narayan Singh and 5 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Narayan Singh and 5 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 Centre, High Court Allahabad, subject to deposit of Rs. 25,000/- within three weeks (Rs. 20,000/- to opposite party no.2 on her appearance, balance Rs. 5,000/- retained by the Centre for expenses); interim protection whereby no coercive action shall be taken against the applicants till the next date of listing, contingent on filing the deposit receipt before the court below; notice to opposite party no. 2; amendment application to convert the petition into a Section 528 BNSS application; listing in the week commencing 14.7.2025.

Issue for consideration

Whether the criminal proceedings (charge sheet and cognizance order sought to be quashed) arising from a matrimonial dispute between husband and wife should be settled through referral to the Mediation Centre of the Allahabad High Court instead of immediate adjudication. +1 more

Court's answer

Considering the nature of the case as a matrimonial dispute, the Court referred the matter to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants deposit Rs. 25,000/- within three weeks, out of which Rs. 20,000/- shall be paid to opposite party no.2 on her appearance and the balance Rs.5,000/- retained by the mediation center towards its expenses.

Ratio / Principle

As part of the referral scheme, the applicants were directed to file a memo of parties with the WhatsApp number and email ID of the private respondent(s) while depositing the money, notice was ordered to opposite party No.2, and the Mediation Centre was directed to make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

Key takeaways

Interim protection from coercive action was granted conditionally: after deposit of the amount, notices shall issue fixing a mediation date; if the applicants file the receipt of deposit before the court below, no coercive action shall be taken against them in the aforesaid case till the next date of listing.ratio¶14
Default consequences were fixed: on default in depositing the amount or appearing before the Mediation Centre on the date fixed, the interim order ceases to operate; if the deposit receipt is not submitted before the court below, the court below is free to proceed against the applicants; the interim protection lasts only till the next date unless extended by this Court.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 75), single Judge (Hon'ble Arun Kumar Singh Deshwal, J.), Order dated 23.4.2025 — Application U/S 482 No. 40071 of 2024, Narayan Singh and 5 others v. State of U.P. and another. The applicants sought quashment of the charge sheet dated 7.6.2024, the cognizance order dated 23.9.2024 and the entire proceedings of Case No. 19492 of 2024 / case crime No. 127 of 2024, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Jagdishpura, District Agra. Counsel contended that the matter was a matrimonial dispute between husband and wife capable of being settled through mediation. The Court referred the matter to the Mediation Centre, High Court Allahabad, subject to deposit of Rs. 25,000/- within three weeks (Rs. 20,000/- to be paid to opposite party no.2 on her appearance; balance Rs.5,000/- retained by the Centre towards expenses), filing of a memo of parties with WhatsApp/email details of the private respondent(s), notice to opposite party No.2, and expeditious conclusion of the mediation and conciliation proceedings. Conditional interim protection was granted: on filing the deposit receipt before the court below, no coercive action shall be taken against the applicants till the next date of listing; on default in deposit or appearance the interim order ceases to operate, and absent submission of the receipt the court below is free to proceed; the interim order lapses after the fixed date unless extended by this Court. Counsel was directed to file an amendment application converting the petition into an application u/s 528 B.N.S.S.; matter listed in the week commencing 14.7.2025.

Court No. - 75

Case :- APPLICATION U/S 482 No. - 40071 of 2024

Applicant :- Narayan Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Anand Kr. Tiwari, learned counsel for the applicants and Sri Uday Bhan, learned A.G.A. for the State.

The present application has been filed to quash the charge sheet dated 7.6.2024, cognizance order dated 23.9.2024 as well as entire proceeding of Case No. 19492 of 2024, case crime No. 127 of 2024, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Jagdishpura, District Agra.

Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court.

Considering the nature of the case, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 25,000 /- within three weeks from today with the Mediation Centre out of which Rs. 20,000/- shall be paid to 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 money before the mediation centre, counsel for the applicants shall also file memo of parties as mentioned in case file along with the 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 14.7.2025. In the meantime,

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

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 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 to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

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 would be free to proceed against the applicants.

It is clarified that interim order has been granted till the next date, if the applicants fail to produce any order of this court extending the interim order after the date fixed then court below would be free to proceed against the applicants.

Order Date :- 23.4.2025 Vandana

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad