Disposed

Mohd. Afzal Rain and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC9 Dec 2025NA528/1046/2025

Case brief

AI extract

What is this about?

Application to quash criminal proceedings in a matrimonial dispute was referred to the Mediation Centre. Applicants directed to deposit Rs.25,000, with Rs.20,000 payable to opposite party no.2 and Rs.5,000 as mediation fee. Further proceedings stayed pending mediation.

What did the court decide?

Matter remitted to Mediation Centre; further proceedings stayed till next listing, conditional on deposit and appearance

Mohd. Afzal Rain and 4 Others vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 1046 of 2025

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Mohd. Afzal Rain And 4 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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n noter	....	.Opposite Party(s)
Counsel for Applicant(s)	: Mohd. Salman, Ana Fatma, Ahamad	Mukhtar
Counsel for Opposite Party(s)	: G.A., Shiv Pal Singh

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Court No. - 14

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HON'BLE SHREE PRAKASH SINGH, J.

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Sri Shiv Pal Singh, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

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Office is directed to print the name of Sri Shiv Pal Singh as counsel for opposite party no. 2 in the next cause list.

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Heard learned counsel for the applicants, Sri Shiv Pal Singh, counsel for opposite party no. 2, the learned A.G.A. for the State and perused the record.

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Instant application has been filed with the prayer to quash the entire proceeding of summoning order dated 04.01.2025 in Criminal Case No. 396 of 2025 on basis of chargesheet no. 01 of 2024 dated 27.08.2024 arising out of F.I.R./Case Crime No. 0223 of 2024 under sections- 498A, 323, 504 and 506 of IPC and 3/4 of D.P. Act and 3/4 The Muslim Women(Protection of Rights on Marriage) Act P.S. Kotwali Nagar District Bahraich.

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It is submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute between the husband and wife and there is possibility of compromise between them therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

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Learned counsel for the State as well as opposite party no. 2 has no objection to the contention aforesaid.

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NA528 No. 1046 of 2025

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In view of the above, it is directed that applicants shall deposit a sum of Rs.25,000/- within two weeks from today with the Mediation Centre of this Court out of which Rs.20,000/- shall be paid to the opposite party no.2, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as mediation fee.

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The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicants, 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.

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

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Till the next date of listing, further proceedings of the aforementioned Case Crime No. 0223 of 2024 as regards the applicants shall remained stayed.

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It is made clear that in case there occurs default by the applicants 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.

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August 26, 2025 Mayank

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(Shree Prakash Singh,J.)

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Afzal Rain and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Mohd. Afzal Rain and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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