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

Sanjay Sharma vs State of U.P. and 2 Others — 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 (Smt. Yachna Sharma); deposit of Rs.20,000/- to be handed to her on her appearing twice before the Centre; mediation report within three months; interim direction that no coercive action be taken against the applicants till the next date of listing, standing automatically vacated if applicant no.1 (husband) fails to attend mediation on two dates; case to be listed after three months.

Issue for consideration

Whether the Section 482 application seeking quashing of the charge sheet dated 10.10.2022, the cognizance order dated 21.12.2023 and the connected criminal proceedings should be referred to the Mediation & Conciliation Centre of the Court. +1 more

Court's answer

The matter is referred to the Mediation & Conciliation Centre of the Court; the office shall send a notice to opposite party no.2 to appear in the mediation proceedings, and the Mediation Centre will submit its report within three months.

Ratio / Principle

The deposit of Rs.20,000/- shall be handed over to opposite party no.2, Smt. Yachna Sharma, on her appearance twice before the Mediation and Conciliation Centre.

Key takeaways

Notice is to issue to opposite party no.2 returnable at an early date, and the case is to be listed after three months along with the report of the Mediation Centre.ratio¶¶11
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶¶12
If applicant no.1 (husband) fails to participate in the mediation proceedings on two dates, the interim order shall automatically stand vacated and the case shall be listed within a week before the appropriate court for passing orders.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 52 (Hon'ble Mrs. Manju Rani Chauhan, J.) — Application U/S 482 No. 40793 of 2024, Sanjay Sharma v. State of U.P. and 2 Others; order dated 12.3.2025. The applicant seeks quashing of the charge sheet dated 10.10.2022 and cognizance order dated 21.12.2023, and the entire proceedings of Criminal Case No.35964 of 2023 (State vs. Sanjay Sharma), arising out of Case Crime No.224 of 2022 under Sections 498A, 323, 506, 406 I.P.C. and Section 3/4 of D.P. Act, Police Station-Sadar Bazar, District Agra. On counsel's request, the matter is referred to the Mediation & Conciliation Centre; notice to issue to opposite party no.2, Smt. Yachna Sharma; the deposited Rs.20,000/- to be handed to her on her appearance twice before the Centre; mediation report within three months. Till the next date of listing, no coercive action against the applicants; the interim order stands automatically vacated if applicant no.1 (husband) fails to participate in mediation on two dates. Case listed after three months with the mediation report.

Court No. - 52

Case :- APPLICATION U/S 482 No. - 40793 of 2024

Applicant :- Sanjay Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Niketa Sharma,Rahul Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Rahul Kumar Sharma, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

The instant application has been filed by the applicants to quash the charge sheet dated 10.10.2022 as well as cognizance order dated 21.12.2023 and the entire proceedings of Criminal Case No.35964 of 2023 (State vs. Sanjay Sharma), arising out of Case Crime No.224 of 2022, under Sections 498A, 323, 506, 406 I.P.C. and Section 3/4 of D.P. Act, Police Station-Sadar Bazar, DistrictAgra.

In compliance of order of this Court dated 03.03.2025, learned counsel for the applicants has placed the deposit receipt of Rs.20,000/- 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. The aforesaid amount of Rs.20,000/- shall be handed over to the opposite party no.2, namely, Smt. Yachna Sharma on her appearance twice before the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.

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

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 :- 12.3.2025 Rahul.

Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad