Sarvesh Kumar and 5 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

Sarvesh Kumar and 5 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the petitioners in Case Crime No. 483 of 2025 till the next date of listing, conditional upon deposit of Rs. 35,000/- with the Allahabad High Court Mediation & Conciliation Centre within two weeks; matter referred to mediation with parties to appear on 03.12.2025 and report within three months; case to be listed after three months; protection automatically vacated and petition dismissed if deposit not made.

Issue for consideration

Whether the first information report dated 25.10.2025 (Case Crime No. 483 of 2025, P.S. Devraniya, Bareilly) under Sections 85, 109, 115(2), 351(2) of B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, challenged in this writ petition, should be set aside.

Court's answer

Petitioners directed to deposit Rs. 35,000/- by demand draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks; out of that amount Rs. 15,000/- is payable to the Victim on her first appearance and Rs. 15,000/- on her second appearance before the Mediation and Conciliation Centre, with the balance Rs. 5,000/- retained by the Centre towards cost of mediation; the parties shall appear before the Mediation Centre on 03.12.2025 and the Centre shall submit its report within three months.

Ratio / Principle

The application (Ref: Criminal Misc. Exemption Application No. 1 of 2025) seeking exemption from filing the certified copy of the F.I.R. is allowed.

Key takeaways

As an interim measure, since the matter has been referred for mediation, 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 the amount as directed.ratio¶24
If the directed amount is not deposited by the petitioners within the stipulated period, the interim protection shall automatically stand vacated and the writ petition shall stand dismissed without any further reference to the Court.ratio¶25

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Siddhartha Varma and Siddharth Nandan, JJ.), Criminal Misc. Writ Petition No. 26093 of 2025, order dated November 15, 2025: petition challenging FIR dated 25.10.2025 (Case Crime No. 483 of 2025, P.S. Devraniya, District Bareilly) under Sections 85, 109, 115(2), 351(2) of B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, lodged amid matrimonial discord between petitioner no.1 and respondent no.4. With counsel for both sides admitting chances of reconciliation, the Court exempted filing of the certified FIR copy, directed the petitioners to deposit Rs. 35,000/- with the Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks (Rs. 15,000/- to the Victim on each of her first and second appearances; Rs. 5,000/- retained as mediation cost), fixed the parties' appearance before the Mediation Centre for 03.12.2025 with a report within three months, and, as an interim measure, directed that no coercive action be taken against the petitioners till the next date of listing from the date of deposit - such protection to be automatically vacated and the writ petition automatically dismissed if the deposit is not made in time. Case listed after three months before the appropriate Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 26093 of 2025

Sarvesh Kumar And 5 Others

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Varinder Singh
Counsel for Respondent(s)	: G.A.

Court No. - 42

HON'BLE SIDDHARTHA VARMA, J. HON'BLE SIDDHARTH NANDAN, J.

Sri Sanjay Kumar Singh has filed his Vakalatnama on behalf of the respondent no. 4. It be kept on record.

Ref: Criminal Misc. Exemption Application No. 1 of 2025

The application seeking exemption from filing the certified copy of the F.I.R. is allowed.

Order on petition

Heard learned counsel for the petitioners, learned A.G.A. for the Staterespondents and Sri Sanjay Kumar Singh, learned counsel appearing for the respondent no. 4.

Challenge in this writ petition is to the first information report dated 25.10.2025 giving rise to Case Crime No. 483 of 2025, under Sections 85, 109, 115(2), 351(2) of B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, Police Station - Devraniya, District - Bareilly.

Learned counsel for petitioners submits that the instant FIR has been lodged due to matrimonial discord between the petitioner no.1 and the respondent no.4. He, however, submits that there is likelihood of settlement of the matrimonial dispute between the parties.

Learned counsels for the parties 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

CRLP No. 26093 of 2025

2

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. 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 learned counsel for the parties agree that the parties shall appear before Mediation Centre on 03.12.2025. The Mediation Centre shall submit its report in the matter within three months.

List this case 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.

When the case is listed next, the name of Sri Sanjay Kumar Singh be shown in the cause list as learned counsel for the respondent no. 4.

November 15, 2025 M.S. Ansari

(Siddharth Nandan,J.) (Siddhartha Varma,J.)

Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad