Radha Soni and 2 Others vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

Radha Soni and 2 Others vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application entertained; notice ordered to opposite party No. 2 with steps to be taken within seven working days; applicant No. 1/Radha Soni and opposite party No. 2 directed to appear in person before the Court on the next date so as to explore reference to the Mediation and Conciliation Centre; proceedings in Complaint Case No. 26199 of 2023 stayed qua the applicants till the next date of listing, conditional upon timely steps; learned AGA permitted to file response and directed to communicate the order to the SHO concerned with proof by affidavit.

Issue for consideration

Whether the application seeking quashing of the summoning order dated 09.08.2024 and the complaint dated 18.07.2023 in Complaint Case No. 26199 of 2023 should be entertained. +1 more

Court's answer

The instant application is liable to be entertained and the interest of the applicants is liable to be protected.

Ratio / Principle

The matrimonial dispute between the applicant No. 1 and opposite party No. 2, which has resulted in the cross-cases, can be settled by way of mediation.

Key takeaways

Till the next date of listing, the proceedings in Complaint Case No. 26199 of 2023 shall remain stayed qua the applicants.ratio¶21
The interim protection shall not be available to the applicants if the steps (issuance of notice to opposite party No. 2) are not taken within the time specified.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) — APPLICATION U/S 482 No. 8526 of 2025 (Saurabh Lavania, J., September 26, 2025): Radha Soni and 2 others sought quashing of the summoning order dated 09.08.2024 and complaint dated 18.07.2023 in Complaint Case No. 26199 of 2023 (Sanjay Kumar Soni @ Tej Kumar versus Radha Soni and others), wherein applicant No. 1 stands summoned u/s 495 IPC and applicants Nos. 2-3 u/s 495 r/w 120B IPC, P.S. Dariyabad, District Barabanki. The record disclosed cross-litigation between spouses: FIR No. 0040/2023 dated 23.10.2023 (P.S. Mahila Thana) lodged by the wife under Sections 4/3 D.P. Act and 506, 504, 313, 323, 498-A IPC, and FIR No. 0287/2023 dated 26.09.2023 (P.S. Dariyabad) lodged by the husband against applicant Nos. 2-3 under Sections 427, 506, 504, 323 IPC, besides the complaint filed in terms of Section 156(3) Cr.P.C. Holding that the matrimonial dispute can be settled by way of mediation, the Court found the application liable to be entertained: notice was ordered to opposite party No. 2 (steps within seven working days), applicant No. 1 and opposite party No. 2 were directed to appear in person on the next date to carve out the possibility of reference to the Mediation and Conciliation Centre of the Court, and the proceedings were stayed qua the applicants till the next date of listing, the interim protection lapsing if the steps are not taken within the specified time; the learned AGA was to respond and to communicate the order to the SHO concerned with proof by affidavit. No precedent was cited and no merits adjudication was made — this is an interim-order disposition.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 8526 of 2025

Radha Soni And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Vikas Pandey, Kirti Rawat Counsel for Opposite Party(s) : G.A.

Court No. - 11

HON'BLE SAURABH LAVANIA, J.

Heard learned counsel for the parties.

The instant application has been preferred seeking following main relief(s):-

"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 09.08.2024 and complaint dated 18.07.2023 contained as Annexure No. 2 and 3 to this application and every proceeding arising out of the same in complaint Case No. 26199 of 2023 (Sanjay Kumar Soni @ Tej Kumar versus Radha Soni and others), in which summon the applicant No. 1 u/s 495 IPC and applicant no. 2 & 3 u/s 495 r/w 120B I.P.C, Police Station Dariyabad, District Barabanki pending in the court of Learned Additional Chief Judicial Magistrate, Court no. 25, Barabanki in the interest of justice."

From the record, which includes FIR No. 0040/2023 dated 23.10.2023 lodged by Radha Soni/applicant No. 1 (wife of opposite party No. 2/ Sanjay Kumar Soni @ Tej Kumar) at Police Station- Mahila Thana, District- Barabanki against Tej Kumar @ Sanjay (husband), Lakshmi (Nanad), Suman @ Munni (Nanad), Anjali (Nanad), Meenakshi (Nanad), Mansi (Nanad), Ankit, Bablu and Aunt of her husband/opposite party No. 2 making allegations therein so as to attract the offences as indicated under Sections 4/3 of D.P. Act and Sections 506, 504, 313, 323, 498-A IPC and also the FIR No. 0287/2023 dated 26.09.2023 lodged by the opposite party No. 2/Sanjay Kumar Soni @ Tej Kumar Soni at Police Station- Dariyabad, District- Barabanki against Shiv Kumar Soni (applicant No. 2 herein) and Shivam Soni (applicant No. 3 herein), fatherin-law and brother-in-law, respectively, of the opposite party No. 2

A482 No. 8526 of 2025

2

making allegations therein so as to attract the offences as indicated under Sections 427, 506, 504, 323 IPC and also the complaint case dated 18.07.2023 filed by the opposite party No. 2 in terms of Section 156(3) Cr.P.C. at Police Station- Dariyabad, District- Barabanki, it appears that on account of matrimonial dispute/discord between the applicant No. 1 and opposite party No. 2 the parties have instituted the aforesaid cases and the said dispute can be settled by way of mediation, as such, this Court is of the view that the instant application is liable to be entertained and the interest of the applicants is liable to be protected.

Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

List/put up this case after service of notice alongwith service report.

Let the opposite party No.2/Sanjay Kumar Soni @ Tej Kumar resident of Village- Lalpur Guman, Police Station- Dariyabad, DistrictBarabanki, be also informed by the S.H.O. of the Police Station concerned regarding date fixed in the matter.

Learned AGA is directed to communicate this order to the SHO concerned forthwith and place the proof regarding the information given by the S.H.O. concerned to the opposite party No. 2 by way of an affidavit when the case is listed next.

On the next date fixed, the applicant No. 1/Radha Soni and opposite party No. 2 shall appear in person before this court so as to carve out the possibility of referring the matter to Mediation and Conciliation Centre of this Court.

Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicants.

In the meantime, learned AGA may file response to the present application.

In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants.

(Saurabh Lavania,J.)

September 26, 2025 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench