Mohd. Nasir and 4 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Mohd. Nasir and 4 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief: no coercive action against the petitioners till the next date of listing, subject to deposit of Rs. 35,000/- with the Mediation & Conciliation Centre within two weeks; matter referred to mediation with report due in three months and listing thereafter; protection auto-vacates and the petition stands automatically dismissed if the deposit is not made.

Issue for consideration

Whether the FIR dated 10.8.2025 (Case Crime No. 243 of 2025, under Sections 498A IPC and Sections 3/4 D.P. Act, Police Station Kotwali Katra, District Mirzapur) challenged in this writ petition should be dealt with/set aside, in circumstances where counsel submits the dispute stems from matrimonial discord and may be settled.

Court's answer

The petitioners are directed to deposit Rs. 35,000/- by way of demand draft/pay order in the name of 'Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre' within two weeks from the date of the order.

Ratio / Principle

On deposit of the amount, the Mediation Centre shall send a notice to opposite party no.3 to appear before the Mediation and Conciliation Centre; out of the deposit, Rs. 15,000/- shall be paid to the Victim on her first appearance and Rs. 15,000/- on her second appearance before the Mediation and Conciliation Centre, with Rs. 5,000/- retained by the Mediation Centre towards the cost of mediation.

Key takeaways

The Mediation Centre shall submit its report in the matter within three months, and the petition is to be listed after three months before the appropriate Bench.ratio¶5
As an interim measure, since the matter has been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, no coercive action shall be taken against the petitioners in the aforesaid case till the next date of listing, effective from the date of deposit of the directed amount.ratio¶19
If the directed amount is not deposited by the petitioners within the stipulated period, the protection granted shall automatically stand vacated and the writ petition shall stand dismissed without any further reference to the Court.

Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Abdul Shahid, JJ.), Criminal Misc. Writ Petition No. 19066 of 2025 (Mohd. Nasir v. State of U.P.), order dated August 28, 2025: interim order in a challenge to FIR dated 10.8.2025 (Case Crime No. 243 of 2025, Sections 498A IPC, Sections 3/4 D.P. Act, Police Station Kotwali Katra, District Mirzapur), which counsel states arises from matrimonial discord between petitioner no.1 and respondent no.3 with likelihood of settlement/reconciliation. Petitioners directed to deposit Rs. 35,000/- with the Allahabad High Court Mediation & Conciliation Centre within two weeks (Rs. 15,000/- payable to the Victim on each of her first and second appearances; Rs. 5,000/- retained as mediation cost); Mediation Centre to notify opposite party no.3 and report within three months; as an interim measure no coercive action against petitioners till next listing, from the date of deposit, failing which the protection automatically lapses and the writ petition stands dismissed without further reference; listed after three months before the appropriate Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 19066 of 2025

Mohd. Nasir And 4 Others

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Parvez Iqbal Ansari
Counsel for Respondent(s)	: G.A.

Court No. - 43

HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J.

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

Challenge in this writ petition is to the first information report dated 10.8.2025 giving rise to Case Crime No. 243 of 2025, under Sections 498A IPC, Section 3/ 4 D.P. Act, Police Station Kotwali Katra, District Mirzapur.

Learned counsel for the petitioners submits that the instant FIR has been lodged due to matrimonial discord between the petitioner no.1 and the respondent No. 3, He, however, submits that there is likelihood of settlement of the matrimonial dispute between the parties.

Learned counsel for the petitioners admit that there are chances of reconciliation between the parties.

The petitioners are directed to deposit a sum of Rs. 35,000/- 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 two weeks 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. 15,000/- shall be payable to the Victim on her first appearance and Rs.15,000/- 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 three months.

CRLP No. 19066 of 2025

2

6. List after three months before the appropriate Bench.

In view of the facts as noted above and that the matter has been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, as an interim measure, it is provided that no coercive action shall be taken against the petitioners in the aforesaid case till the next date of listing, from the date of deposit of amount as directed herein above.

However, it is provided that if the amount, as directed above, is not deposited by the petitioners within the aforesaid period, the protection granted to the petitioners shall automatically stand vacated and the instant writ petition shall stand dismissed, without any further reference to the Court.

(Abdul Shahid,J.) (Siddhartha Varma,J.)

August 28, 2025

sfa/

Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad