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

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

What the court decided

AI extract

Outcome

Interim directions issued rather than final disposal: (i) reference of the matrimonial dispute to the Allahabad High Court Mediation and Conciliation Centre with the petitioners' counsel in agreement; (ii) deposit of Rs. 30,000 within two weeks with the Mediation Centre, of which Rs. 15,000 payable to the wife for appearance; (iii) notice to both parties and report by the Centre within two months of first appearance; (iv) interim protection from arrest of the petitioners in Case Crime No.0297 of 2025 (P.S. Katghar, Moradabad) till the next date of listing, with investigation continuing and the petitioners cooperating; the interim order to stand automatically vacated if the deposit is not made; case to be relisted on 08.09.2025; order to be communicated to SSP/SHO through CJM Moradabad within 72 hours.

Issue for consideration

Whether the dispute, essentially between the first petitioner (husband) and the third respondent (wife), might be amicably resolved upon reference to the Allahabad High Court Mediation and Conciliation Centre, with learned counsel for the petitioners agreeing to that course. +1 more

Court's answer

Since the dispute involved in the petition is essentially between the first petitioner (husband) and the third respondent (wife), the Court opined that the issue might be amicably resolved upon reference to the Allahabad High Court Mediation and Conciliation Centre, and learned counsel for the petitioners agreed to this course of action.

Ratio / Principle

The petitioners were directed to deposit a sum of Rs. 30,000 within two weeks with the Mediation Centre of the Court.

Key takeaways

Out of the directed deposit, Rs. 15,000 was earmarked to be paid to the wife for her appearance before the Mediation Centre.ratio¶¶8
Upon the deposit being made good, the Mediation Centre was to issue notice to both parties, fixing an early date for appearance and further proceedings before the Centre.ratio¶¶9
The Mediation Centre was directed to submit its report within two months from the date the parties are first required to appear before the Centre.

Detailed headnote1 paragraphs

CRIMINAL MISC. WRIT PETITION No. 12356 of 2025 — High Court of Judicature at Allahabad (Court No. 43); bench of Hon'ble J.J. Munir, J. and Hon'ble Praveen Kumar Giri, J.; order dated 12.6.2025. Observing that the dispute was essentially between the first petitioner (husband) and the third respondent (wife), the Court referred the matter to the Allahabad High Court Mediation and Conciliation Centre for amicable resolution, counsel for the petitioners agreeing. Directions issued: 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 appearance; upon deposit, the Centre to issue notice to both parties and fix an early date; the Centre to submit its report within two months of first appearance; case listed for 08.09.2025. Till the next date of listing, the petitioners were not to be arrested in Case Crime No.0297 of 2025 under Sections 85, 115(2), 352, 351(3) of BNS and Section 3/4 Dowry Prohibition Act, 1961 (Police Station Katghar, District Moradabad), though investigation may proceed to its logical conclusion with the petitioners' cooperation; failure to deposit the requisites would cause the interim order to stand automatically vacated. The Registrar (Compliance) was directed to communicate the order to the Senior Superintendent of Police, Moradabad and the Station House Officer, P.S. Katghar through the Chief Judicial Magistrate, Moradabad within 72 hours. No precedent was cited.

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 12356 of 2025

Petitioner :- Briesh Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Singh,Subodh Pandey,Vijay Shekhar Tiwari 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. Deepak Mishra, learned AGA-I appearing on behalf of the State.

Looking to the fact that the dispute involved in this petition is essentially between the husband and wife, where, the first petitioner is husband and the third respondent 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 petitioners 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 08.09.2025.

Till the next date of listing, the petitioners shall not be arrested in Case Crime No.0297 of 2025, under Sections 85, 115(2), 352, 351(3) of BNS and Section 3/4 Dowry Prohibition Act, 1961, Police Station Katghar, District Moradabad, 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 Senior Superintendent of Police, Moradabad and the Station House Officer, Police Station Katghar, District Moradabad through the learned Chief Judicial Magistrate, Moradabad within 72 hours next.

Order Date :- 12.6.2025 Sumit S/DKS

(Praveen Kumar Giri,J.) (J.J. Munir, J.)

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad