Dilbahar and 8 Others v. State of U.P. and 2 Others
Case brief
What is this about?
Writ petition seeking protection in an FIR alleging dowry and related offences arising out of a matrimonial dispute. The court referred the parties to the High Court's Mediation Centre with costs payable to the wife, listed the matter after two months, and granted interim protection from arrest conditional on deposit.
What did the court decide?
Interim direction that petitioners shall not be arrested in FIR No. 306 of 2025 till next listing, subject to deposit of Rs. 50,000/- for mediation within one week; matter referred to Mediation Centre
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. WRIT PETITION No. - 13287 of 2025
Petitioner :- Dilbahar And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jata Shankar,Ram Nath Yadav Counsel for Respondent :- G.A.
Hon'ble Jayant Banerji,J. Hon'ble Madan Pal Singh,J.
- Heard learned counsel for the petitioners and learned A.G.A. appearing for the respondent nos. 1 and 2.
- Contention of learned counsel for the petitioners is that the petitioner no. 1 is husband of respondent no. 3. All the petitioners have been falsely implicated in the present case.
- It is stated that only due to some issues arising in a normal matrimonial dispute, the impugned FIR has been lodged. It is also stated that there is every possibility of the parties coming to a settlement through mediation proceedings.
- The matter is accordingly referred to Mediation and Conciliation Centre of Allahabad High Court.
- The petitioners are directed to deposit a sum of Rs. 50,000/- by way of demand draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of one week from today. After deposit of the aforesaid amount, the Mediation Centre shall send a notice to the opposite party no. 3 to appear before the Mediation and Conciliation Centre of this Court on the date fixed in the notice. Out of aforesaid amount, a sum of Rs. 20,000/- shall be payable to the respondent No. 3 on her first appearance and Rs.25,000/- on her second appearance before the Mediation and Conciliation Centre. The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of Mediation. The Mediation Centre shall submit its report in the matter within two months.
Issues for consideration
1 issue framed by the court
Whether the petitioners falsely implicated in FIR arising from a matrimonial dispute should be protected from arrest pending mediation.
Parties & counsel
- petitioner
Dilbahar And 8 Others
- respondent
State Of U.P.
- respondent
Respondent No. 3 (wife of petitioner no. 1)
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- CRLP/13287/2025
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