Suresh Kumar and 7 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

Suresh Kumar and 7 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Matter referred to the Allahabad High Court Mediation and Conciliation Centre with petitioners' consent; interim protection from arrest in Case Crime No. 52 of 2025 till the next date of listing (05.09.2025), conditional on deposit of Rs. 30,000 with the Mediation Centre within two weeks; investigation to continue with petitioners' cooperation; interim order to stand automatically vacated if the requisites are not deposited.

Issue for consideration

Whether the dispute underlying the writ petition, which is essentially matrimonial between the first petitioner (husband) and the fourth respondent (wife) and has led to Case Crime No. 52 of 2025, can be amicably resolved through mediation, and what interim protection from arrest should be granted pending such resolution.

Court's answer

The Court is of opinion that the issue, being essentially a dispute between the husband-petitioner and the wife-respondent, might be amicably resolved upon reference of the matter to the Allahabad High Court Mediation and Conciliation Centre.

Ratio / Principle

Petitioners directed to deposit Rs. 30,000 within two weeks with the Mediation Centre of the Court, of which Rs. 15,000 is to be paid to the wife for her appearance before the Mediation Centre.

Key takeaways

Upon the deposit being made good, the Mediation Centre shall issue notice to both the parties fixing an early date for appearance and further proceedings before the Centre.ratio¶9
The Mediation Centre shall submit its report within two months.ratio¶10
The report timeline runs from the date the parties are first required to appear before the Centre, and thereafter the case shall be listed before the Court on 05.09.2025.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 43), bench of J.J. Munir and Praveen Kumar Giri, JJ., order dated 10.6.2025 in Criminal Misc. Writ Petition No. 12182 of 2025 (Suresh Kumar and others v. State of U.P. and others). Finding the dispute essentially matrimonial between the first petitioner (husband) and the fourth respondent (wife), and with learned counsel for the petitioners agreeing, the Court referred the matter to the Allahabad High Court Mediation and Conciliation Centre. Directions: petitioners to deposit Rs. 30,000 within two weeks with the Mediation Centre, of which Rs. 15,000 to be paid to the wife for her appearance; on deposit, the Centre to issue notice fixing an early date and submit its report within two months of the parties' first appearance; case to be listed on 05.09.2025. Interim protection: petitioners not to be arrested in Case Crime No. 52 of 2025 (Sections 85, 115(2), 352, Bhartiya Nyaya Sanhita, 2023; Section 3/4, Dowry Prohibition Act, 1961, P.S. Bahariya, Prayagraj) till the next date of listing, while investigation proceeds to its logical conclusion with the petitioners' cooperation. The interim order stands automatically vacated if the requisites are not deposited. Registrar (Compliance) to communicate the order to the Commissioner of Police, Commissionerate, Prayagraj (Gangapar) and the SHO, P.S. Bahariya through the Chief Judicial Magistrate, Allahabad within 72 hours.

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 12182 of 2025

Petitioner :- Suresh Kumar and others Respondent :- State of U.P. and others Counsel for Petitioner :- Akhilendra Kumar Yadav, Krishna Kanhaiya Soni Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J. Hon'ble Praveen Kumar Giri,J.

Heard learned counsel for the petitioners and Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate on behalf of the State.

Looking to the fact that the dispute involved in this petition is essentially between the husband and the wife, where the first petitioner is the husband and the fourth respondent is the wife, we are of opinion that the issue might be amicably resolved upon a reference of the matter to the Allahabad High Court Mediation and Conciliation Centre.

Learned Counsel for the petitioner is in agreement with the aforesaid course of action.

It is directed that petitioners shall deposit a sum of 30,000 within₹ two weeks from today with the Mediation Centre of this Court, of which 15,000 would be paid to the wife for appearance before₹ the Mediation Center.

Upon deposit aforesaid being made good, the Mediation Center shall issue notice to both the parties, fixing an early date for appearance and further proceedings before the Center.

The Mediation Center shall submit their report within two months

from the date parties are required to first appear before the Centre. Thereafter the case shall be listed before the Court on 05.09.2025 .

Till the next date of listing, the petitioners shall not be arrested in Case Crime No. 52 of 2025, under Sections 85, 115(2), 352 of the Bhartiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Bahariya, Prayagraj, but investigation may go on and brought to its logical conclusion, wherein the petitioners shall cooperate.

In case, the requisites are not deposited as directed, the interim order granted above shall automatically stand vacated.

The Registrar (Compliance) is directed to communicate this order to the Commissioner of Police, Commissionerate, Prayagraj (Gangapar) and the Station House Officer, Police Station Bahariya, Prayagraj, both through the learned Chief Judicial Magistrate, Allahabad within 72 hours next .

Order Date :- 10.6.2025 I. Batabyal/Pravesh Mishra

(J.J. Munir, J.)

(Praveen Kumar Giri, J.)

Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad