Suraj @ Avish Tiwari and Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

Suraj @ Avish Tiwari and Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: deposit of a bank draft of Rs. 30000/- in favour of respondent no. 3 before the Mediation and Conciliation Centre within ten days (releasable on her appearance and participation in mediation), appearance of parties before the Centre on 8.7.2025, notice to respondent no. 3 through the concerned Chief Judicial Magistrate, listing in the week commencing 9.9.2025 with the mediation report, and restraint from coercive measures against the petitioners till conclusion of mediation. Final adjudication of the writ petition remains pending.

Issue for consideration

Whether the matrimonial dispute underlying the F.I.R., involving petitioner no. 1 (husband) and respondent/opposite party no. 3 (wife), can be settled amicably through mediation before the Mediation and Conciliation Centre of the Court. +1 more

Court's answer

The Court directed that a bank draft of Rs. 30000/- in the name of respondent no. 3 be submitted before the Mediation and Conciliation Centre of the Court within ten days.

Ratio / Principle

The deposited amount shall be released in favour of respondent no. 3 on her appearance and subject to her participation in the mediation proceedings.

Key takeaways

Both parties were directed to appear before the Mediation and Conciliation Centre of the Court on 8.7.2025.ratio¶9
Notice was ordered to be issued to respondent no. 3 for appearance before the Mediation and Conciliation Centre through the Chief Judicial Magistrate concerned, at the earliest.ratio¶10
Further consideration of the matter was deferred; the case is to be listed in the week commencing 9.9.2025 along with the mediation report.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench; Criminal Misc. Writ Petition No. 5229 of 2025 (Suraj @ Avish Tiwari and others v. State of U.P. Thru. Prin. Secy. Home Lko. and others); coram Attau Rahman Masoodi and Subhash Vidyarthi, JJ.; order dated 16.6.2025. The writ petition arises from an F.I.R. which, per counsel, stemmed from a misunderstanding in the matrimonial relationship between petitioner no. 1 (husband) and respondent/opposite party no. 3 (wife), with all family members roped in on the allegations therein. Counsel offered amicable settlement through mediation and the petitioners volunteered Rs. 30000/- to show bona fides. The Court directed: (i) a bank draft of Rs. 30000/- in favour of respondent no. 3 to be filed before the Mediation and Conciliation Centre within ten days, releasable to her on appearance and participation in the mediation; (ii) both parties to appear before the Centre on 8.7.2025; (iii) notice to respondent no. 3 through the concerned Chief Judicial Magistrate at the earliest; (iv) listing in the week commencing 9.9.2025 with the mediation report; and (v) that no coercive measures be taken against the petitioners till conclusion of the mediation proceedings.

Court No. - 1

Case :- CRIMINAL MISC. WRIT PETITION No. - 5229 of 2025

Petitioner :- Suraj @ Avish Tiwari And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Rohit Jaiswal,Adarsh Pratap Singh,Brij Mohan Singh

Counsel for Respondent :- G.A.

Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

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

The learned counsel for the petitioners has submitted that the F.I.R. is an outcome of some misunderstanding in the matrimonial relationship between the petitioner no. 1 i.e. husband and the opposite party no. 3 i.e wife. All the family members have been roped in the F.I.R. on the basis of the allegations levelled therein. He has further submitted that the petitioners are ready to settle the matrimonial dispute amicably through mediation proceeding. In order to show bona fides, the petitioners have volunteered to deposit a sum of Rs. 30000/-(Rupees thirty thousand only) before the Mediation and Conciliation Centre of this Court.

Let a Bank draft of Rs. 30000/-(Rupees thirty thousand only) in the name of the respondent no. 3 be submitted before the Mediation and Conciliation Centre of this Court within a period of ten days from today. The amount so deposited before the Mediation and Conciliation Centre of this Court shall be released in favour of the respondent no. 3 on her appearance and subject to her participation in the mediation proceedings.

Parties are directed to appear before the Mediation and Conciliation Centre of this Court on 8.7.2025.

Let a notice be issued to respondent no. 3 for appearance before the Mediation and Conciliation Centre of this Court through the Chief Judicial Magistrate concerned

at the earliest.

List in the week commencing 9.9.2025 along with the mediation report.

Till conclusion of the mediation proceedings, no coercive measures shall be taken against the petitioners.

[Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 16.6.2025 kanhaiya

Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench