Bhuti @ Bahoti and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Bhuti @ Bahoti and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: (i) till the next date of listing, no coercive action against the applicants; (ii) SSP Meerut to ensure presence of co-accused husband Bhikam Dhama so the matter can be referred to the Mediation Centre, High Court Allahabad; (iii) case to be put up fresh in the week commencing 01.05.2025; final decision on quashing deferred.

Issue for consideration

Whether the entire proceedings, impugned charge-sheet no. 172 of 2024 dated 09.06.2024 and impugned cognizance/summoning order dated 20.03.2025 in Case No. 653 of 2025 arising out of Case Crime No. 165 of 2024 (Sections 498-A/498A, 323, 504, 506, 354 IPC; Sections 3/4 Dowry Prohibition Act) against the applicants should be quashed. +2 more

Ratio / Principle

Finding the dispute between the parties purely matrimonial, the Court considered it appropriate to refer the matter to the Mediation Centre; however, the husband of opposite party no. 2, co-accused Bhikam Dhama, has not joined as applicant in the present case.

Key takeaways

The Senior Superintendent of Police, Meerut is directed to ensure the presence of co-accused Bhikam Dhama (resident of Shahpur Batawali, Khatauli, Muzaffar Nagar) before this Court on the next date of listing, so that the matter could be referred to the Mediation Centre, High Court Allahabad.ratio¶¶8
Interim protection ordered: till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶¶10

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad (Hon'ble Arun Kumar Singh Deshwal, J.) dated 11.4.2025 on Application U/S 528 BNSS No. 12184 of 2025 by Bhuti @ Bahoti and 4 others - family members of co-accused Bhikam Dhama, husband of opposite party no. 2 - seeking quashing of the entire proceedings, impugned charge-sheet no. 172 of 2024 dated 09.06.2024 and impugned cognizance/summoning order dated 20.03.2025 in Case No. 653 of 2025 arising out of Case Crime No. 165 of 2024 under Sections 498-A/498A, 323, 504, 506 (plus 354 IPC qua applicant no. 4) IPC and Sections 3/4 Dowry Prohibition Act, Police Station Mawana, District Meerut, pending before the learned Judicial Magistrate, Mawana. Observing the dispute to be purely matrimonial, the Court resolved to refer the matter to the Mediation Centre, High Court Allahabad, once co-accused husband Bhikam Dhama - informed to have not surrendered before the court below - appears, and accordingly directed the Senior Superintendent of Police, Meerut to ensure his presence before the Court on the next date of listing. Till the next date of listing, no coercive action shall be taken against the applicants. Case to be put up fresh in the week commencing 01.05.2025; Registrar (Compliance) directed to send a copy of the order to SSP Meerut for necessary compliance.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 12184 of 2025

Applicant :- Bhuti @ Bahoti And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Singh Tomar Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Virendra Singh Tomar, learned counsel for the applicants and Sri P.P.Tiwari, learned A.G.A. for the State.

The present application has been filed to quash the entire proceedings as well as impugned charge-sheet no. 172 of 2024 dated 09.06.2024 along with impugned cognizance/summoning order dated 20.03.2025 in Case No. 653 of 2025 (State Vs. Ranveer and others) arising out of Case Crime No. 165 of 2024 under Sections- 498-A, 323, 504, 506, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act with respect to applicant no. 4 and under Sections 498A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act with respect to applicant nos. 1, 2, 3 and 5, Police Station- Mawana, District- Meerut pending in the court of learned Judicial Magistrate, Mawana, District Meerut.

The dispute between the parties is purely matrimonial in nature, therefore, the Court considers it appropriate to refer this matter to the Mediation Centre but the husband of the opposite party no. 2 Bhikam Dhama has not joined as applicant in the present case. The present applicants are family members of the husband of opposite party no. 2.

As Bhikam Dhama is also co-accused in the impugned proceeding and it has been informed that till date, he has not surrendered before the court below, the Senior Superintendent of Police, Meerut is directed to ensure the presence of co-accused Bhikam Dhama, resident of Shahpur Batawali, Khatauli, Muzaffar Nagar, before this Court on the next date of listing so that the matter could be referred to the Mediation Centre, High Court Allahabad.

Put up this case as fresh in the week commencing 01.05.2025.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

The Registrar (Compliance) is directed to send a copy of this order to the Senior Superintendent of Police, Meerut for necessary compliance.

Order Date :- 11.4.2025 Pratima

Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad