Narendra @ Nikhil and 2 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Narendra @ Nikhil and 2 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application kept pending with interim directions: deposit of Rs. 35,000/- with the Mediation Centre (Rs. 30,000/- to opposite party no. 2, Rs. 5,000/- mediation fee); matter referred to the Mediation Centre for mediation and conciliation to be concluded preferably within two months; fresh listing on 07.07.2025 with the mediation report; and no coercive action against the applicants till the next date of listing, subject to default clause.

Issue for consideration

Whether the Section 482 Cr.P.C. application seeking quashment of the summoning order dated 25.10.2024 (Sections 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act) and the consequential proceedings of Complaint Case No. 4964 of 2024, arising from a matrimonial dispute, should be referred to mediation and conciliation. +1 more

Court's answer

Notice to be issued to opposite party no. 2, returnable at an early date, with steps to be taken within a week.

Ratio / Principle

Applicants directed to deposit Rs. 35,000/- within three weeks with the Mediation Centre of this Court, out of which Rs. 30,000/- shall be paid to opposite party no. 2 for her appearance before the Mediation Centre and Rs. 5,000/- shall go to the Mediation Centre as mediation fee.

Key takeaways

The matter is remitted to the Mediation Centre, which, after deposit of the amount by the applicants, shall issue notice to the parties fixing some date for mediation.ratio¶¶10
All possible efforts are to be made to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.ratio¶¶11
The matter is to be listed on 07.07.2025 as fresh, before the appropriate Bench, along with the report of the Mediation Centre.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon’ble Prashant Kumar, J.), Application U/S 482 No. 44031 of 2024, order dated 23.4.2025: By an application under Section 482 Cr.P.C., Narendra @ Nikhil and two others sought quashment of the summoning order dated 25.10.2024, under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, P.S. Raya, District Mathura, passed by the Judicial Magistrate, Court No. 5, Mathura in Complaint Case No. 4964 of 2024 (Smt. Shiwani vs. Narendra @ Nikhil & Others), and of the consequential proceedings. Learned counsel submitted that the matter was a matrimonial dispute capable of amicable settlement by mediation and conciliation. The Court directed notice to opposite party no. 2; deposit by the applicants of Rs. 35,000/- with the Mediation Centre of the Court within three weeks (Rs. 30,000/- to opposite party no. 2 for her appearance, Rs. 5,000/- as mediation fee); remittal of the matter to the Mediation Centre to fix a date and make all possible efforts to conclude mediation and conciliation expeditiously, preferably within two months; fresh listing on 07.07.2025 before the appropriate Bench with the mediation report; and interim protection — no coercive action against the applicants till the next date of listing — with the proviso that default in deposit or appearance would cause the interim order to cease to operate and immediate re-listing within a week for orders.

Court No. - 87

Case :- APPLICATION U/S 482 No. - 44031 of 2024

Applicant :- Narendra @ Nikhil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrit Shanker Dubey Counsel for Opposite Party :- G.A.

Hon'ble Prashant Kumar,J.

Heard learned counsel for the applicants and the learned A.G.A. for the State.

The applicant, by means of the instant application filed under Section 482 Cr.P.C. has invoked the jurisdiction of this Court with prayer to quash the impugned summoning order dated 25.10.2024, under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, P.S. Raya, District Mathura passed by the Court of Judicial Magistrate, Court No. 5, Mathura in Complaint Case No. 4964 of 2024 (Smt. Shiwani vs. Narendra @ Nikhil & Others), District Mathura and consequential proceedings of Complaint Case No.4964 of 2024 (Smt. Shiwani vs. Narendra @ Nikhil & Others), District Mathura, pending before the Court of Judicial Magistrate, Court No. 5, Mathura.

It is submitted by learned counsel for the applicant that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

Issue notice to the opposite party no. 2, returnable at an early date. Steps may be taken within a week.

Taking into account the statement of learned counsel for the applicants, it is directed that the applicants shall deposit a sum of Rs.35,000/- within three weeks from today with the Mediation Centre of this Court, out of which Rs.30,000/- shall be paid to opposite party no. 2 for her appearance before the Mediation Centre and Rs.5000/- shall go to the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make

all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

List the matter on 07.07.2025 as fresh, before the appropriate Bench along with the report of Mediation Centre.

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

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

Order Date :- 23.4.2025 Manoj

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad