Rakesh and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Rakesh and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from coercive action till the next date of listing, conditional upon deposit of Rs. 35,000/- with the Mediation & Conciliation Centre within two weeks; referral of the matrimonial dispute to mediation with appearances fixed for 12.12.2025, mediation report due within three months, and relisting after three months; automatic vacation of protection and dismissal of the petition if the deposit is not made.

Issue for consideration

Whether the FIR dated 30.09.2025 (Case Crime No. 284 of 2025, Ss. 115(2), 117(2) B.N.S. 2023, P.S. Parikshitgarh, Meerut) challenged by the petitioners should be proceeded with, given its alleged matrimonial-discord origin and prospects of settlement. +1 more

Ratio / Principle

The Court directed the petitioners 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.

Key takeaways

Of the deposited 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.ratio¶15
The balance of Rs. 5,000/- is retained by the Mediation Centre towards cost of mediation.ratio¶18
The parties are to appear before the Mediation Centre on 12.12.2025, and the Mediation Centre is to submit its report within three months.ratio

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Siddhartha Varma and Achal Sachdev, JJ.) — Criminal Misc. Writ Petition No. 27347 of 2025 (decided November 27, 2025): Petitioners Rakesh and 3 others challenged the FIR dated 30.09.2025 (Case Crime No. 284 of 2025, under Sections 115(2), 117(2) of B.N.S. 2023, P.S. Parikshitgarh, District Meerut), contending it arose from matrimonial discord between petitioner no.1 and the daughter of respondent no.3, with likelihood of settlement. Noting chances of reconciliation admitted by both sides, the Court directed the petitioners to deposit Rs. 35,000/- by demand draft/pay order with the Registrar General A/c, Mediation & Conciliation Centre within two weeks — Rs. 15,000/- payable to the Victim on each of her first and second appearances, and Rs. 5,000/- retained by the Centre as mediation cost; appearances fixed for 12.12.2025 with the mediation report due within three months and relisting thereafter. As an interim measure, no coercive action was to be taken against the petitioners till the next listing, from the date of deposit; failure to deposit within the period would automatically vacate the protection and result in dismissal of the writ petition without further reference to the Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 27347 of 2025

Rakesh And 3 Others

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Pranshu Gupta
Counsel for Respondent(s)	: G.A.

Court No. - 42

HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J.

Sri Durgesh Pandey has filed his Vakalatnama on behalf of the informant. It be kept on record.

Heard learned counsel for the petitioners, learned A.G.A. for the Staterespondents and Sri Durgesh Pandey, learned counsel appearing for the informant.

Challenge in this writ petition is to the first information report dated 30.09.2025 giving rise to Case Crime No. 284 of 2025, under Sections 115(2), 117(2) of B.N.S., 2023, Police Station - Parikshitgarh, District - Meerut.

Learned counsel for petitioners submits that the instant FIR has been lodged due to matrimonial discord between the petitioner no.1 and the daughter of respondent no.3. 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 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

CRLP No. 27347 of 2025

2

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 12.12.2025. 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.

November 27, 2025 M.S. Ansari

(Achal Sachdev,J.) (Siddhartha Varma,J.)

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