Disposed¶18

Amal Mishra and 3 Others v. State of U.P. and 3 Others

Allahabad HC15 Nov 2025CRLP/26161/2025

Case brief

AI extract

What is this about?

Writ petition challenging FIR; matrimonial dispute referred to mediation; conditional no-arrest interim protection tied to deposit of Rs. 35,000/-; BNS 2023 sections 85, 115(2), 352, 92; Dowry Prohibition Act sections 3/4; Case Crime No.0328 of 2025, P.S. Devgaon, Azamgarh; Amal Mishra v. State of U.P.; CRLP No. 26161 of 2025; Allahabad High Court Mediation & Conciliation Centre; Siddhartha Varma, J. and Siddharth Nandan, J.; order dated November 15, 2025.

What did the court decide?

Interim order only: conditional protection from arrest till next listing upon deposit of Rs. 35,000/- within two weeks; dispute referred to mediation (report in three months); case to be relisted after three months; non-deposit vacates protection and dismisses the petition. The underlying challenge to the FIR was not decided on merits. ¶18

Amal Mishra and 3 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Challenge to the FIR dated 20.9.2025 (Case Crime No.0328 of 2025, under sections 85, 115(2), 352 and 92 BNS 2023 and section 3/4 Dowry Prohibition Act, P.S. Devgaon, district Azamgarh), stated to arise out of matrimonial discord between petitioner no.1 and respondent no.4.

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Court's answer

Petitioners 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 a period of two weeks.

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Ratio / Principle

Of the deposit, Rs.30,000/- is to be paid to the respondent-wife in two equal installments on the first two dates when she appears before the Mediation Centre.

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Key takeaways

Rs.5,000/- of the deposit shall be retained by the Mediation Centre towards its cost.ratio¶13
Notices would be sent by the Mediation Centre only after deposit of the aforesaid amount.ratio¶13
The Mediation Centre shall submit its report in the matter within three months.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Criminal Misc. Writ Petition No. 26161 of 2025): writ petition challenging FIR dated 20.9.2025 (Case Crime No.0328 of 2025 under sections 85, 115(2), 352 and 92 Bharatiya Nyaya Sanhita, 2023 and section 3/4 Dowry Prohibition Act, Police Station Devgaon, district Azamgarh), stated to arise from matrimonial discord between petitioner no.1 and respondent no.4 with likelihood of reconciliation. The Bench directed the petitioners to deposit Rs. 35,000/- by demand draft/pay order with Registrar General A/c, Mediation & Conciliation Centre within two weeks (Rs. 30,000/- payable to the respondent-wife in two installments; Rs. 5,000/- retained as mediation cost), referred the dispute to mediation with a report due within three months, listed the matter after three months, and granted conditional interim protection from arrest till the next date of listing from the date of deposit; failure to deposit would automatically vacate the protection and result in dismissal of the petition without further reference. The challenge to the FIR was not adjudicated on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 26161 of 2025

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Amal Mishra And 3 Others

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.....Petitioner(s)

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Versus

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State Of U.P. And 3 Others	.....Respon
Counsel for Petitioner(s)	: Shahabuddin, Zia Uddin
Counsel for Respondent(s)	: G.A.

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.....Respondent(s)

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Court No. - 42

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

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

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Challenge in this writ petition is to the first information report dated 20.9.2025 giving rise to Case Crime No.0328 of 2025 under sections 85, 115(2), 352 and 92 of Bharatiya Nyaya Sanhita, 2023 and section 3/4 Dowry Prohibition Act, Police Station Devgaon, district Azamgarh.

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Learned counsel for petitioner 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.

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

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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. The amount of Rs.30,000/- to be paid to the respondent-wife in two equal installments on the first two dates when she appears before the Centre. Rs.5,000/- shall be retained by the Mediation Centre towards cost of mediation centre. After deposit of the aforesaid amount, notices would be sent by the Mediation Centre. The parties shall appear before the Mediation Centre on the date fixed by it and the mediator may thereafter make an effort to complete the mediation/conciliation between the parties. The Mediation

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CRLP No. 26161 of 2025

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Centre shall submit its report in the matter within three months.

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List this case after three months before the appropriate Bench.

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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 the petitioners shall not be arrested till the next date of listing, from the date of deposit of amount as directed herein above.

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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 them shall automatically stand vacated and the instant writ petition shall stand dismissed, without any further reference to the Court.

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

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November 15, 2025 GS

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Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad

Amal Mishra and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Amal Mishra and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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