Babbu @ Jagdish vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Babbu @ Jagdish vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter referred to the Mediation & Conciliation Centre, High Court, Allahabad, with conditional directions (deposit of Rs 25,000/- by demand draft within two weeks; disbursement of Rs 15,000/- and Rs 3,000/-; residual Rs 7000/- abiding mediation outcome); interim stay till the next date of listing (01.09.2025) of the further proceedings of the summoning order dated 21.011.2022 and of the entire criminal proceedings in Complaint Case No. 4261 of 2022, converted as No. 7327 of 2023, qua the applicant, with automatic lapse of protection on non-compliance.

Issue for consideration

Whether the matrimonial dispute between the applicant (husband of opposite party no.2, married 29.06.2012) underlying the complaint can be settled at the Mediation and Conciliation Centre, High Court, Allahabad, on the applicant's payment of Rs.25,000/-. +1 more

Court's answer

The matter is referred to the Mediation & Conciliation Centre of the Court with the following directions (conditions).

Ratio / Principle

The applicant is directed to deposit Rs 25,000/- by demand draft in favour of the Registrar General, Allahabad High Court Mediation & Conciliation Centre, within two weeks, to the In charge Mediation and Conciliation Centre.

Key takeaways

Out of the deposited amount, Rs 15,000/- shall be payable to opposite party no.2 on her appearance before the Mediation Centre.ratio¶¶9
A sum of Rs. 3,000/- out of the deposit shall be payable to the Mediation Centre.ratio¶¶9
The rest amount of Rs 7000/- shall abide by the outcome of mediation.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.), order dated 1.5.2025 in Application U/S 482 No. - 4095 of 2025, Babbu @ Jagdish v. State of U.P. and Anr. Counsel for applicant submitted that the applicant (husband of O.P. No.2, married 29.06.2012) was agreeable to pay Rs.25,000/- and that settlement was possible at the Mediation and Conciliation Centre. The Court referred the matter to the Mediation & Conciliation Centre with conditions: (i) deposit of Rs 25,000/- by demand draft in favour of Registrar General within two weeks; (ii) Rs 15,000/- payable to opposite party no.2 on her appearance and Rs. 3,000/- to the Centre; (iii) rest amount of Rs 7000/- abiding mediation outcome, to be adjusted if mediation succeeds and returned to the applicant within two weeks of the final order if it fails; (iv) Centre's report within two months. Notice was issued to opposite party no.2, who was to file a counter affidavit within four weeks and rejoinder within two weeks thereafter; the case was listed for 01.09.2025 with the mediation report. Till the next date of listing, the further proceedings of the summoning order dated 21.011.2022 passed by ACJM Court No.17, Etah, and the entire criminal proceedings in Complaint Case No. 4261 of 2022, converted as Complaint Case No. 7327 of 2023 (Kavita Vs. Babbu@Jagdish) under Ss. 498-A/323/504/506 IPC & 3/4 D.P. Act, P.S. Aliganj, District Etah, pending before ACJM Court No.18, Etah, were stayed in so far as they pertained to the applicant. Non-deposit or non-compliance would cause the interim protection to end automatically.

Court No. - 73

Case :- APPLICATION U/S 482 No. - 4095 of 2025

Applicant :- Babbu @ Jagdish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Contention of learned counsel for the applicant is that the applicant is the husband of O.P. No.2, marriage whereof stood solemnized with O.P. No.2 on 29.06.2012. Learned counsel for the applicant on instructions submits that in case the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad, there are bright chances and all possibilities of the issue being settled between the parties, for which applicant is agreeable to pay Rs.25,000/-.

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

(a) The applicant is directed to deposit a sum of Rs 25,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In charge Mediation and Conciliation Centre, High Court, Allahabad.

(b) After deposit of the aforesaid money by the applicant, 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.

(c) Out of aforesaid amount, a sum of Rs 15,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation Centre. A sum of Rs. 3,000/- shall be payable to the Mediation Centre.

(d) The rest amount of Rs 7000/- shall be abide by the outcome of mediation.

(e) In case, mediation succeeds, the above amount Rs 7000/- (rest amount) shall be adjusted accordingly.

(f) In case, mediation fails, the said amount Rs. 7000/- (rest amount) shall be returned to the applicant within two weeks from the date of final order passed by the mediation centre.

(g) 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.

Opposite Party no.2 shall file its counter affidavit within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

List this case on 01.09.2025 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 of the summoning order dated 21.011.2022, passed by the court of Additional Chief Judicial Magistrate Court No.17, Etah, in Complaint Case No. 4261 of 2022 present converted in Complaint Case No.7327 of 2023 (Kavita Vs. Babbu@Jagdish) Under Section 498-A,323,504,506 I.P.C & 3/4 D.P Act and Police Station-Aliganj, District- Etah as well as the entire criminal proceedings to the Complaint Case No. 4261 of 2022 present converted in complaint Case No.7327 of 2023 (Kavita Vs. Babbu@Jagdish), pending in court of Additional Chief Judicial Magistrate Court No.18, Etah in so far as it pertains to the applicant shall remain stayed.

It is made clear that in case, the said amount, as directed above, is not deposited by the applicant and 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 applicant in accordance with law.

Order Date :- 1.5.2025 N.S.Rathour

(Vikas Budhwar, J)

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