Israr Ali and 5 Others vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

Israr Ali and 5 Others vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Matter referred to the Mediation and Conciliation Centre (appearance fixed for 22.07.2025); conditional deposit of Rs.25,000/- by applicant no.1 within 15 days by demand draft (Rs.20,000/- to opposite party no.2 on her first appearance; Rs.5,000/- to remain with the Centre); mediator to report within two months; matter to be listed on 24.09.2025; interim suspension of coercive action against applicants till the next date of listing.

Issue for consideration

Whether the matter, being a matrimonial dispute with prospects of amicable settlement, ought to be referred to the Mediation and Conciliation Centre of the Court. +1 more

Court's answer

Satisfied that the nature of the litigation gave a chance of resolution through mediation, the Court referred the matter to the Mediation and Conciliation Centre of the Court.

Ratio / Principle

Parties directed to appear before the Mediation and Conciliation Centre on 22.07.2025; applicant no.1 to deposit Rs.25,000/- within 15 days by demand draft, of which Rs.20,000/- to be handed to opposite party no.2 on her first appearance and Rs.5,000/- to remain deposited with the Centre.

Key takeaways

Mediator allowed two months to seek a possible solution and report the outcome of mediation; the matter to be put up after two months on 24.09.2025 before the appropriate Bench along with the Centre's report, and the case is not to be treated as tied up or part heard with this Bench.ratio¶11
As an interim measure, until the next date of listing (24.09.2025), no coercive action is to be taken against the applicants in pursuance of Case Crime No.39 of 2024, under Sections 498A, 323 IPC, Sections 3/4 of D.P. Act and 3/4 Muslim Women Marriage Act, 2019, Police Station Mahila Thana, District Bahraich.ratio¶13

Detailed headnote1 paragraphs

Application U/S 482 (Allahabad High Court, Lucknow Bench) arising from a matrimonial dispute (Case Crime No.39 of 2024, u/s 498A/323 IPC, ss.3/4 D.P. Act and 3/4 Muslim Women Marriage Act, 2019, P.S. Mahila Thana, Dist. Bahraich). Applicants expressed intent to settle amicably; the Court found a chance of resolution through mediation and referred the matter to the Mediation and Conciliation Centre. Parties to appear on 22.07.2025. Applicant no.1 to deposit Rs.25,000/- within 15 days by demand draft: Rs.20,000/- to opposite party no.2 (Jeenat) on her first appearance, Rs.5,000/- to remain with the Centre. Mediator given two months to report; matter to be listed 24.09.2025 and not treated as tied up/part heard. Till the next date of listing, no coercive action against the applicants in pursuance of the said case crime. Order dated 25.6.2025 by Subhash Chandra Sharma, J.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5102 of 2025

Applicant :- Israr Ali And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that the matter is related to matrimonial dispute and the applicants have intention to settle the same amicably. Learned counsel further urged that this case may be referred to the Mediation and Conciliation Centre of this Court so that they may have a chance to settle their dispute on their own terms through mediation. In order to show his bona fide, the applicant no.1 is ready to deposit Rs.25,000/- to be handed over to the opposite party no.2 - Jeenat on her first appearance before Mediation and Conciliation Centre of this Court.

The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court.

The parties shall appear before the Mediation and Conciliation Center on 22.07.2025. The applicant no.1 will deposit Rs.25,000/- within 15 days from today at the Mediation Centre through demand draft out of which Rs.20,000/- shall be handed over to the opposite party no.2 on her first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation and Conciliation Centre of this Court.

The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

List/Put up this matter after two months on 24.09.2025 in the additional cause list before the appropriate Bench along with report of the Mediation and Conciliation Centre.

This case shall not be treated as tied up or part heard with this Bench.

Till the next date of listing, no coercive action shall be taken against the applicants in pursuance of Case Crime No.39 of 2024, under Sections 498A, 323 I.P.C., Sections 3/4 of D.P. Act and 3/4 Muslim Women Marriage Act, 2019, Police Station Mahila Thana, District Bahraich.

(Subhash Chandra Sharma, J)

Order Date :- 25.6.2025 A.Dewal

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench