Madhav @ Mata Prasad and 6 Others vs State of U.P. and 3… — Dowry and Cruelty | Allahabad HC (2025)

Madhav @ Mata Prasad and 6 Others vs State of U.P. and 3… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: notice to opposite party no. 4; matter remitted to the Mediation and Conciliation Centre subject to deposit of Rs. 25,000/- (Rs. 20,000/- to respondent no. 4, Rs. 5,000/- mediation fee); respondents restrained from arresting the petitioners till the next date of listing, subject to a default clause; matter to be listed after three months with the Mediation Centre report.

Issue for consideration

Whether the impugned FIR dated 30.04.2025 registered as Case Crime No. 116 of 2025 ought to be quashed. +1 more

Ratio / Principle

Notice was issued to opposite party no. 4, returnable at an early date, with steps to be taken within a week.

Key takeaways

The petitioners were directed to deposit Rs. 25,000/- within three weeks with the Mediation Centre of the Court, of which Rs. 20,000/- is to be paid to respondent no. 4 and Rs. 5,000/- retained as mediation fee.ratio¶9
The matter was remitted to the Mediation Centre, which is to issue notice fixing a date for mediation and make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within three months.ratio¶10
As an interim measure, till the next date of listing the respondents are restrained from arresting the petitioners in the above mentioned case.

Detailed headnote1 paragraphs

Interim order in a writ petition under Article 226 of the Constitution of India seeking quashing of an FIR dated 30.04.2025 registered as Case Crime No. 116 of 2025 under Sections 85, 115(2), 352, 351(2), 74, 89 BNS and Section 3/4 D.P. Act, P.S. New Agra, Distt. Agra, arising out of a matrimonial dispute. The Division Bench issued notice to opposite party no. 4, remitted the matter to the Mediation and Conciliation Centre of the Court on deposit of Rs. 25,000/- (of which Rs. 20,000/- is payable to respondent no. 4 and Rs. 5,000/- as mediation fee) with a direction to conclude mediation preferably within three months, and restrained the respondents from arresting the petitioners till the next date of listing, subject to the interim order ceasing to operate upon default in deposit or appearance.

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 9944 of 2025

Petitioner :- Madhav @ Mata Prasad And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Srivastava Counsel for Respondent :- G.A.

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

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

The petitioners, by means of this writ petition under Article 226 of the Constitution of India, has invoked the jurisdiction of this Court with prayer to quash the impugned First Information Report dated 30.04.2025 registered as Case Crime No. 116 of 2025 under Section 85, 115 (2), 352, 351 (2), 74, 89 BNS and Section 3/4 D.P. Act, P.S. New Agra, Distt. Agra, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

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, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

Issue notice to the opposite party no. 4, returnable at an early date. Steps may be taken within a week.

Taking into account the statement of learned counsel for the petitioners, it is directed that the petitioners shall deposit a sum of Rs.25,000/- within three weeks from today with the Mediation Centre of this Court, out of which Rs.20,000/- shall be paid to respondent no.4 for her appearance before the Mediation Centre and Rs.5000/- shall go to 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, the respondents are restrained to arrest 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 :- 17.5.2025 SP/

Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad