Mohd Saad and 4 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

Mohd Saad and 4 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 till the next date of listing. Petitioners to deposit Rs.25,000/- with the Mediation Centre within ten days (Rs.20,000/- to opposite party no.4; Rs.5,000/- mediation fee). Matter remitted to the Mediation Centre to conclude proceedings preferably within three months, with the case to be listed thereafter along with the mediation report; interim order ceases on default.

Issue for consideration

Whether the impugned FIR dated 12.04.2025 registered as Case Crime No.46 of 2025 (P.S. Kareli, District Prayagraj) should be quashed. +1 more

Ratio / Principle

Petitioners are directed to deposit Rs.25,000/- with the Mediation Centre of the Court within ten days, out of which Rs.20,000/- shall be paid to opposite party no.4 on the date fixed for her appearance, and Rs.5,000/- shall be retained by the Mediation Centre as mediation fee.

Key takeaways

The matter is remitted to the Mediation Centre, which upon deposit of the amount shall issue notice to the parties fixing a date and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within three months; the case is to be listed thereafter before the appropriate Bench along with the Mediation Centre report.ratio¶9
As an interim measure, till the next date of listing, no coercive action shall be taken against the petitioners in the above-mentioned case.ratio¶11
In case of default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate, and the Mediation Centre shall immediately communicate with the office, which shall list the case within a week before the appropriate Bench.

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Mahesh Chandra Tripathi and Anil Kumar-X, JJ.; order dated 6.5.2025) in CRIMINAL MISC. WRIT PETITION No. 8907 of 2025, Mohd Saad and 4 others v. State of U.P. and 3 others. Writ petition under Article 226 of the Constitution of India seeking quashing of FIR dated 12.04.2025 registered as Case Crime No.46 of 2025 at P.S. Kareli, District Prayagraj, under Sections 75(1), 85, 115(2), 352, 351(2) BNS 2023 and Section 3/4 of D.P. Act 1961, arising out of a matrimonial dispute. The Court did not decide the quashing question finally; noting the possibility of amicable settlement, it directed the petitioners to deposit Rs.25,000/- with the Mediation Centre within ten days (Rs.20,000/- to opposite party no.4 for her appearance; Rs.5,000/- retained as mediation fee), remitted the matter to the Mediation Centre to conclude proceedings expeditiously, preferably within three months, and directed listing thereafter with the mediation report. Till the next date of listing, no coercive action was to be taken against the petitioners; the interim order ceases to operate upon default in deposit or appearance, with immediate listing within a week in that event.

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 8907 of 2025

Petitioner :- Mohd Saad And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Danish Haidar,Mahmudul Hasan Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.

Heard learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Shri Syed Ahmad Naseem, learned counsel for respondent no.4.

The petitioners, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 12.04.2025 registered as Case Crime No.46 of 2025 under Sections 75(1), 85, 115(2), 352, 351(2) BNS 2023 and Section 3/4 of D.P. Act 1961, P.S. Kareli, District Prayagraj.

It is submitted by learned counsel for the petitioners that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation. Learned counsel for the petitioners states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

In view of the above, it is directed that petitioners shall deposit a sum of Rs.25,000/- within ten days from today with the Mediation Centre of this Court out of which Rs.20,000/- shall be paid to the opposite party no.4, on the date fixed, for her appearance before the Mediation Centre and Rs.5000/- shall be retained by the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the petitioners, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.

List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the petitioners in the above mentioned case.

It is made clear that in case there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

Order Date :- 6.5.2025 A. Pandey

Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad