Mohammad Irfan vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2025)

Mohammad Irfan vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: petitioner not to be arrested till the next date of listing, subject to full cooperation in investigation; dispute referred to the Mediation and Conciliation Centre (parties to appear on 6.2.2025; report within six weeks); case to be listed in the last week of March, 2025. Challenge to the F.I.R. left undecided; no final adjudication.

Issue for consideration

Challenge to the legality of the F.I.R. dated 23.11.2024 (F.I.R./Case Crime No.0781 of 2024, Police Station P.G.I., District Lucknow) by way of the present writ petition. +1 more

Ratio / Principle

Interim direction: till the next date of listing, the petitioner shall not be arrested in the aforesaid F.I.R./Case Crime number, subject to full cooperation in the investigation of the case.

Key takeaways

The dispute between the parties stands referred to the Mediation and Conciliation Centre of the Court; parties to appear before the Mediation Centre on 6.2.2025 and the Centre shall submit its report within six weeks.ratio¶5

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 413 of 2025 (Mohammad Irfan v. State of U.P. and others), interim order dated 24.1.2025 (Vivek Chaudhary and Om Prakash Shukla, JJ.). Petition assails the F.I.R. dated 23.11.2024 (F.I.R./Case Crime No.0781 of 2024) under Sections 85, 352, 351(3) and 69 of B.N.S., 2023 and Sections 3/5 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2024, Police Station P.G.I., District Lucknow, involving a disputed amount of about Rs.15,00,000/- with opposite party no.4 (Ms. Jai Shree Prabhu Baghela). Petitioner handed over a cheque of Rs.2,00,000/- and paid Rs.3,00,000/- in cash to opposite party no.4, and both sides agreed to amicable settlement. The Court referred the dispute to its Mediation and Conciliation Centre (appearance fixed for 6.2.2025; report within six weeks) and, till the next listing (last week of March, 2025), directed that the petitioner shall not be arrested, subject to full cooperation in the investigation. Merits of the FIR challenge were not adjudicated.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 413 of 2025

Petitioner :- Mohammad Irfan

Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And 3 Others Counsel for Petitioner :- Manish Verma,Dinesh Kumar Ayra Counsel for Respondent :- G.A.

Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Vimlesh Kumar Kashyap, Advocate, who has filed his Power today on behalf of opposite party no.4, which is taken on record. His name shall be shown in the cause list as appearing for opposite party no.4 when the case is next listed.

By means of this petition, petitioner has assailed the F.I.R. dated 23.11.2024 registered as F.I.R./Case Crime No.0781 of 2024 under Sections 85, 352, 351(3), 69 of B.N.S., 2023, and Sections 3/5 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2024, at Police Station P.G.I., District Lucknow.

Learned counsel for opposite party no.4 submits that the amount is around Rs.15,00,000/-.

Learned counsel for the petitioner proposes to settle the matter through mediation and to show his bonafide, he has shown a cheque of Rs.2,00,000/- before this Court today, which has been handed over to opposite party no.4-Ms. Jai Shree Prabhu Baghela, who is present in person today in Court as well as through counsel. Learned counsel for the petitioner submits that the petitioner has also paid an amount of Rs.3,00,000/- in cash to opposite party no.4, which she accepts in Court. Both the parties agree to appear before the Mediation and Conciliation Centre of this Court for settlement of their dispute amicably.

Accordingly, the matter is referred to the Mediation and Conciliation Centre of this Court. Let the parties appear before the Mediation Centre on 6.2.2025. The Mediation Centre shall conclude the mediation proceedings and submit its report within a period of six weeks.

List this case in the last week of March, 2025.

Till the next date of listing, the petitioner shall not be arrested in the aforesaid F.I.R./Case Crime number, subject to full cooperation in the investigation of the case.

[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

Order Date :- 24.1.2025 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench