Deepak vs State of Uttar Pradesh and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Deepak vs State of Uttar Pradesh and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: matter referred to the Mediation Centre, Allahabad (mediator to report within two months; listing with report on 18.11.2025), and petitioner granted conditional interim protection from arrest in Case Crime No.0214 of 2025, subject to deposit of Rs.20,000/- and filing of the deposit receipt; interim stay auto-vacates on default or non-participation in mediation.

Issue for consideration

Whether the criminal case rooted in a matrimonial dispute should be referred to the Mediation and Conciliation Centre so the parties may attempt an amicable settlement. +1 more

Court's answer

The Court found that the nature of the litigation (a matrimonial dispute) left open a real possibility of resolution through conciliation and accordingly referred the matter to the Mediation Centre, Allahabad, conditioning the referral on the petitioner depositing Rs.20,000/- within four weeks, of which Rs.15,000/- is to be paid to respondent No.4 for subsistence and expenses, and giving the mediator two months to report the outcome.

Ratio / Principle

As interim relief, the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 02.09.2025 (Case Crime No.0214 of 2025, Sections 85, 109, 115(2) BNS-2023, P.S. Bahadurgarh, District Hapur), provided he files the receipt of the directed deposit along with the order.

Key takeaways

The interim stay of arrest stands automatically vacated if the petitioner defaults on the ordered deposit or does not participate in the mediation proceedings.ratio¶21
Administrative directions: the case is to be listed before the appropriate Bench with the mediator's report on 18.11.2025, and the case shall not be treated as tied up or part heard with this Bench.obiter¶22

Detailed headnote1 paragraphs

Interim order in a Criminal Misc. Writ Petition arising from a matrimonial dispute: on the petitioner's plea that chances of amicable settlement existed, the Division Bench found that the dispute could possibly be resolved through conciliation and referred the matter to the Mediation Centre, Allahabad, directing the petitioner to deposit Rs.20,000/- within four weeks (Rs.15,000/- thereof to respondent No.4, the victim-wife, for subsistence and expenses) and giving the mediator two months to report. Till then, the petitioner was granted interim protection from arrest in pursuance of the F.I.R. dated 02.09.2025 (Case Crime No.0214 of 2025, under Sections 85, 109, 115(2) Bharatiya Nyaya Sanhita-2023, Police Station Bahadurgarh, District Hapur), conditional on filing the deposit receipt; the interim stay was to stand automatically vacated on default in deposit or non-participation in mediation. Case to be listed with the mediator's report on 18.11.2025 before the appropriate Bench and not treated as tied up or part heard.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21017 of 2025

Deepak

.....Petitioner(s)

Versus

State Of Uttar Pradesh And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Ashish Kumar Singh
Counsel for Respondent(s)	: Ashok Kumar Singh, G.A.

Court No. - 46

HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J.

Learned counsel for the petitioner is permitted to implead the victim-wife as respondent No.4 during course of the day.

Sri Ashok Kumar Singh, Advocate, has filed Vakalatnama on behalf of respondent No.3, which is taken on record.

Heard learned counsel for the petitioner, learned A.G.A. for the State, Sri Ashok Kumar Singh, learned counsel for respondent No.3 and perused the record.

The quintessence of the contentions raised by the learned counsel for the petitioner is that matrimonial dispute is in the genesis of this case. There are chances of amicable settlement between the parties. Petitioner's counsel strenuously urged that this case may be referred to the Mediation and Conciliation Centre, High Court, Allahabad so that the litigants may have a chance to settle their dispute on their own terms through mediation.

The Court is satisfied on the basis of record and the submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation Centre Allahabad. The petitioner will deposit Rs.20,000/- within four weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of two weeks. Out

CRLP No. 21017 of 2025

2

of the same Rs.15,000/- will be paid to respondent no.4 for subsistence and to meet out the expenses. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

List this case before the appropriate Bench along with report of the mediator on 18.11.2025.

Till then, the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 02.09.2025 arising out of Case Crime No.0214 of 2025, under Sections 85, 109, 115(2) Bharatiya Nyaya Sanhita-2023, Police Station Bahadurgarh, District Hapur, provided the petitioner files the receipt of deposit of amount as directed above along with the present order.

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the petitioner in the mediation proceedings, the interim stay order shall stand automatically vacated.

This case shall not be treated as tied up or part heard with this Bench.

September 17, 2025 Kushal

(Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.)

Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad