Shamshul Jama @ Rajan @ Shamshuzzama and 4 Others vs… — Dowry and Cruelty | Allahabad HC (2025)

Shamshul Jama @ Rajan @ Shamshuzzama and 4 Others vs… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: matter referred to the Allahabad High Court Mediation and Conciliation Centre subject to deposit of Rs. 30,000 (Rs. 15,000 payable to the wife); until further orders, petitioners not to be arrested in Case Crime No. 314 of 2024 and no police report to be filed without leave of the Court; Mediation Centre to submit report within two months of first appearance; case to be listed on 08.09.2025; Registrar (Compliance) to communicate the order to the Superintendent of Police, Budaun and SHO, P.S. Kotwali through the Chief Judicial Magistrate, Budaun within 72 hours.

Issue for consideration

Whether the matrimonial dispute between the first petitioner (husband) and the fourth respondent (wife) can be amicably resolved through mediation, and whether the petitioners are entitled to interim protection from arrest in Case Crime No. 314 of 2024.

Court's answer

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

Ratio / Principle

The petitioners are directed to deposit a sum of 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 Centre.

Key takeaways

Until further orders of the Court, the petitioners shall not be arrested in Case Crime No. 314 of 2024, nor shall any police report be filed without leave of the Court.ratio¶13
In case the requisites are not deposited as directed, the interim order granted shall automatically stand vacated.ratio¶14

Detailed headnote1 paragraphs

Interim order passed by a Division Bench of the Allahabad High Court in a Criminal Misc. Writ Petition arising out of a matrimonial dispute between the first petitioner (husband) and the fourth respondent (wife). Observing that the dispute was essentially between husband and wife and might be amicably resolved, the Court referred the matter to the Allahabad High Court Mediation and Conciliation Centre, with the petitioners directed to deposit Rs. 30,000 within two weeks, of which Rs. 15,000 was to be paid to the wife for her appearance before the Centre. Until further orders, the petitioners were protected from arrest in Case Crime No. 314 of 2024, under Sections 85, 115(2), 351(2) B.N.S. and Section 3/4 of the Dowry Prohibition Act, Police Station Kotwali, District Budaun, and no police report was to be filed without leave of the Court; the interim protection was to stand automatically vacated on failure to deposit the requisites. The Mediation Centre was to submit its report within two months of the parties' first appearance, and the case was listed for 08.09.2025. The Registrar (Compliance) was directed to communicate the order to the Superintendent of Police, Budaun and the Station House Officer, Police Station Kotwali through the learned Chief Judicial Magistrate, Budaun within 72 hours.

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 12363 of 2025

Petitioner :- Shamshul Jama @ Rajan @ Shamshuzzama And 4 Others Respondent :- State Of Up And 3 Others

Counsel for Petitioner :- Mrityunjay Tiwari,Vijai Kumar 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 fourth 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 .

Until further orders of this Court, the petitioners shall not be arrested in Case Crime No.314 of 2024, under Sections 85, 115(2), 351(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Budaun, nor any police report filed without leave of this Court.

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 Superintendent of Police, Budaun and the Station House Officer, Police Station Kotwali, District Budaun through the learned Chief Judicial Magistrate, Budaun 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