Tarkeshwar Pasi and 2 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Tarkeshwar Pasi and 2 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The petitioners' submission for mediation was granted: the matter was remitted to the Mediation Centre of the Court conditional on deposit of Rs. 30,000/- within two weeks (Rs. 25,000/- to respondent no. 3 for appearance; remainder to mediation expenses), notices to both parties, and resolution preferably within three months. Interim relief granted: no coercive action pursuant to the FIR till the next date of listing. The principal prayer to quash the FIR was deferred pending mediation; listing after three months; automatic dismissal of the petition on failure of compliance with the deposit.

Issue for consideration

Whether the First Information Report (Case Crime No. 26 of 2025, P.S. Mahila Thana, District-Gorakhpur) registered against the petitioners under Sections 85, 115(2), 127(2), 109, 316(2), 352, 351(2), 123 of B.N.S. and Section 3/4 Dowry Prohibition ought to be quashed, the petitioners claiming false implication and a genuine matrimonial dispute warranting mediation before criminal investigation proceeds.

Court's answer

The Court decided that an attempt be made to resolve the differences between the parties by way of mediation, directing the petitioners to deposit Rs. 30,000/- within two weeks with the Mediation Centre, of which Rs. 25,000/- is to be paid to respondent no. 3 for appearance before the Mediation Centre and the remainder towards mediation expenses.

Ratio / Principle

The matter was remitted to the Mediation Centre with directions that it be resolved after giving notices to both the parties.

Key takeaways

The Mediation Centre was directed to make all endeavours to resolve the dispute amicably, expeditiously, preferably within a period of three months.ratio¶10
Interim protection: till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the First Information Report.ratio¶12
Upon deposit of the stipulated amount notice shall be issued to the parties; in the event of failure of compliance the petition shall stand dismissed without reference to the Court.

Detailed headnote1 paragraphs

Allahabad High Court, Court No. - 64; CRIMINAL MISC. WRIT PETITION No. - 12213 of 2025 (Tarkeshwar Pasi And 2 Others v. State Of U.P. And 2 Others); Order Date 17.6.2025; Bench: Hon'ble Siddharth, J. and Hon'ble Harvir Singh, J. Petition sought quashing of the FIR dated 26 of 2025, registered as Case Crime No. 26 of 2025 at P.S. Mahila Thana, District-Gorakhpur, under Sections 85, 115(2), 127(2), 109, 316(2), 352, 351(2), 123 of B.N.S. and Section 3/4 Dowry Prohibition, on the plea of false implication amid a genuine matrimonial dispute. The Court preferred attempted resolution by mediation: matter remitted to the Mediation Centre after notices to both parties, subject to deposit of Rs. 30,000/- within two weeks (Rs. 25,000/- to respondent no. 3 for appearance; balance towards mediation expenses), resolution preferably within three months; till next listing no coercive action pursuant to the FIR; failure to deposit renders the petition liable to automatic dismissal without reference to the Court; list after three months.

Court No. - 64

Case :- CRIMINAL MISC. WRIT PETITION No. - 12213 of 2025

Petitioner :- Tarkeshwar Pasi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Tiwari Counsel for Respondent :- G.A.

Hon'ble Siddharth,J. Hon'ble Harvir Singh,J.

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

This writ petition has been filed with the prayer to quash the First Information Report dated 26 of 2025, registered as Case Crime No. 26 of 2025, under Sections 85, 115(2), 127(2), 109, 316(2), 352, 351(2), 123 of B.N.S. and Section 3/4 Dowry Prohibition, P.S. Mahila Thana, District-Gorakhpur.

It is stated that petitioners have been falsely implicated in the First Information Report and there is a genuine matrimonial issue in respect of which mediation ought to be tried first before proceeding with criminal investigation as it has the potential of disturbing the marital life for all times to come. Submission is that the matter be referred to Mediation Centre of this Court.

In the facts of the present case, we are of the view that an attempt be made to resolve the differences between the parties by way of mediation. It is, therefore, directed that petitioners shall deposit a sum of Rs. 30,000/- within two weeks from today with the Mediation Centre out of which Rs. 25,000/- shall be paid to the respondent no. 3 for appearance before the Mediation Centre. The remaining amount shall go to mediation centre towards the expenses of mediation.

The matter is remitted to the Mediation Centre with the direction that same may be resolved after giving notices to both the parties.

It is directed that Mediation Centre shall make all endeavours to resolve the dispute amicably, expeditiously, preferably within a period of three months.

List after three months.

Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the aforesaid First Information Report.

After depositing the amount as aforesaid, notice shall be issued to the parties. In the event of failure of compliance, the petition shall stand dismissed without reference to the Court.

Order Date :- 17.6.2025 Faridul

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