Smt. Hasibun Nisha and 3 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Smt. Hasibun Nisha and 3 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application not finally allowed or dismissed: the matrimonial dispute was referred to the Mediation Centre, High Court Allahabad, conditional on deposit of Rs. 25,000/- within three weeks (Rs. 20,000/- to opposite party no.2 on her appearance; Rs. 5,000/- retained by the Centre), with interim protection from coercive action till the next date of listing upon filing of the deposit receipt before the court below; matter to be listed in the week commencing 11.8.2025.

Issue for consideration

Whether the charge sheet dated 7.8.2024, cognizance order dated 17.10.2024 and further proceedings in case crime No. 262 of 2024 should be quashed/stayed, the dispute being a matrimonial dispute between husband and wife capable of settlement through mediation. +1 more

Court's answer

The matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants deposit Rs. 25,000/- within three weeks, out of which Rs. 20,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre and the balance Rs. 5,000/- shall be retained by the Mediation Centre towards its expenses.

Ratio / Principle

While depositing the money before the Mediation Centre, counsel for the applicants shall also file the memo of parties along with the WhatsApp number and email ID of the private respondent(s), if available; notice is to be issued to opposite party no.2; after deposit, notices fixing a mediation date are to issue and the Mediation Centre shall endeavour to conclude proceedings expeditiously; the matter is to be listed in the week commencing 11.8.2025.

Key takeaways

If the applicants file the receipt of the deposit before the court below, no coercive action shall be taken against them in the aforesaid case till the next date of listing.ratio¶13
In case of 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 if the applicants fail to submit the deposit receipt before the court below, or fail to produce an extension of the interim order after the date fixed, the court below would be free to proceed against the applicants.ratio¶14

Detailed headnote1 paragraphs

Application under Section 528 BNSS seeking quashing of the charge sheet dated 7.8.2024 and cognizance order dated 17.10.2024 in case crime No. 262 of 2024 (Sections 498A, 323, 504, 506 IPC and Sections 3/4 D.P. Act, P.S. Khorabar, District Gorakhpur), contending that the matter is a matrimonial dispute settleable through mediation. Held: the matter was referred to the Mediation Centre, High Court Allahabad, conditional on the applicants depositing Rs. 25,000/- within three weeks, of which Rs. 20,000/- is payable to opposite party no.2 on her appearance and Rs. 5,000/- is retained by the Centre as expenses; counsel for the applicants to file the memo of parties with the WhatsApp number and email ID of the private respondents; notice to issue to opposite party no.2. Upon filing of the deposit receipt before the court below, no coercive action was to be taken against the applicants till the next date of listing; on default in deposit or appearance, or failure to produce an extension of the interim order, the interim order ceases and the court below is free to proceed. Matter listed in the week commencing 11.8.2025.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 10727 of 2025

Applicant :- Smt. Hasibun Nisha And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Pawan Kr. Srivastava, learned counsel for the applicants and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

The present application has been filed to quash the charge sheet dated 7.8.2024, cognizance order dated 17.10.2024 and stay the further proceeding of case crime No. 262 of 2024, u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Khorabar, District Gorakhpur.

Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court.

Considering the nature of the case, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 25,000 /- within three weeks from today with the Mediation Centre out of which Rs. 20,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

It is also directed that while depositing money before the mediation centre, counsel for the applicants shall also file memo of parties as mentioned in case file along with the WhatsApp number as well as email ID of the private respondent(s), if available.

Issue notice to opposite party No.2.

After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

List in the week commencing 11.8.2025.

It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing.

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 to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below would be free to proceed against the applicants.

It is clarified that interim order has been granted till the next date, if the applicants fail to produce any order of this court extending the interim order after the date fixed then court below would be free to proceed against the applicants.

Order Date :- 4.4.2025 Vandana

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad