Karan and 8 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Karan and 8 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing application deferred to mediation: matter referred to Mediation & Conciliation Centre with notice to opposite party no.2; demand draft of Rs. 15,000 to be handed to opposite party no.2 on her appearance twice before the Centre; mediation report due within three months and case to be relisted thereafter; interim direction that no coercive action be taken against the applicants till next date of listing. Final decision on quashing left open for relisting.

Issue for consideration

Whether the entire criminal proceeding of Criminal Case No. 117946 of 2024 (State vs. Karan and others), arising out of Case Crime No. 41 of 2024 under sections 498A, 323, 504, 506, 406 I.P.C. and section 3/4 Dowry Prohibition Act, including the chargesheet dated 18.8.2024 and summoning/cognizance order dated 3.10.2024, should be quashed under Section 482 Cr.P.C.

Court's answer

The matter is referred to the Mediation & Conciliation Centre of the Court, and the Office shall send a notice to opposite party no.2 to appear in the mediation proceedings.

Ratio / Principle

The demand draft of Rs. 15,000 shall be handed over to opposite party no.2 on her appearance twice before the Mediation and Conciliation Centre.

Key takeaways

The case is to be listed after three months along with the report of the Mediation Centre (the Centre to submit its report within three months).ratio¶14
As interim protection, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Manju Rani Chauhan, J.), order dated 20.1.2025 in Application U/S 482 No. 41843 of 2024 (Karan and 8 others v. State of U.P. and another): Applicants sought quashing of the entire criminal proceeding in Criminal Case No. 117946 of 2024 (State vs. Karan and others), arising out of Case Crime No. 41 of 2024 under sections 498A, 323, 504, 506, 406 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District-Kanpur Nagar, pending before Additional Civil Judge (J.D.)-07, Kanpur Nagar, together with the chargesheet dated 18.8.2024 and summoning/cognizance order dated 3.10.2024. In compliance with the earlier order dated 8.1.2025, counsel for the applicants produced a Demand Draft of Rs. 15,000 dated 16.01.2025 (Cheque No. 72938, SBI Allahabad High Court Branch) in favour of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre. Both counsel consented to mediation; the Court referred the matter to the Mediation & Conciliation Centre, directed notice to opposite party no.2, held that the demand draft shall be handed to her on her appearance twice before the Centre, required the mediation report within three months, and listed the case after three months with that report. Until the next date of listing, no coercive action is to be taken against the applicants. Final determination of the quashing petition left open.

Court No. - 52

Case :- APPLICATION U/S 482 No. - 41843 of 2024

Applicant :- Karan And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Ramesh Chandra Agrahari, learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire criminal proceeding of Criminal Case No. 117946 of 2024 (State vs. Karan and others), arising out of Case Crime No. 41 of 2024, under sections 498A, 323, 504, 506, 406 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District-Kanpur Nagar, pending in the court of learned Additional Civil Judge (J.D.)-07, Kanpur Nagar as well as chargesheet dated 18.8.2024 and summoning/cognizance order dated 3.10.2024.

In compliance of earlier order dated 8.1.2025, learned counsel for the applicants, to show his bonafide, has come up with a Demand Draft of Rs. 15,000 (Rs. Fifteen thousand only), dated 16.01.2025, bearing Cheque No. 72938, issued from State Bank of India, Allahabad High Court Branch, Allahabad, in favour of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre (RGAHCMCC), which is kept on record.

Learned counsel for the applicants requests that matter may be referred to mediation centre.

Learned counsel for the opposite party no.2 has consented for the same.

Office is directed to deposit the aforesaid demand draft before Incharge Mediation & Conciliation Centre, High Court Allahabad, after retaining the photo-copy of the same.

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

demand draft of Rs. 15,000/- (Rs. Fifteen thousand only) shall be handed over to the opposite party no.2 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 opposite party no.2 returnable at an early date.

List this case after three months along with the report of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 20.1.2025 Faridul

Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad