Ishatyak Husain and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ishatyak Husain and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: no coercive action against the applicants till the next date of listing, conditional upon their depositing Rs.35,000/- with the Mediation Centre within three weeks and filing the receipt of deposit before the court below; the quash application itself was not decided — the matter was referred to the Mediation Centre, High Court Allahabad, with mediation/conciliation to be concluded expeditiously, and the matter was listed for the week commencing 11.08.2025.

Issue for consideration

Whether the criminal proceedings arising out of a matrimonial dispute (case crime no.210 of 2024, under Sections 498-A, 323, 506 IPC and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019), sought to be quashed, should be referred to the Mediation Centre instead of continuing before the trial court.

Court's answer

The matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants deposit Rs.35,000/- within three weeks from today with the Mediation Centre, out of which Rs.30,000/- shall be paid to opposite party no.2 on her appearance there and the balance Rs.5,000/- retained by the Centre towards its expenses.

Ratio / Principle

Interim protection is granted: once the applicants deposit the aforesaid amount and file the receipt of deposit before the court below, no coercive action shall be taken against them in the aforesaid case till the next date of listing; if they fail to submit the receipt, or fail to produce an extension of the interim order after the fixed date, the court below would be free to proceed against them.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Arun Kumar Singh Deshwal, J., Order dated 16.4.2025) dealt with an application under Section 528 BNSS (Application No.12553 of 2025) by Ishatyak Husain and 3 others seeking quashing of chargesheet no.180 of 2024 dated 12.09.2024, cognizance orders dated 17.01.2025 and 21.03.2025 passed by the Judicial Magistrate, Thakurdwara, Moradabad, and the entire proceedings of Case No.112 of 2025 arising out of case crime no.210 of 2024 under Sections 498-A, 323, 506 IPC and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (PS Bhagatpur, District Moradabad). Accepting counsel's contention that the offence is matrimonial in nature, the court referred the matter to the Mediation Centre, High Court Allahabad, conditioned on the applicants depositing Rs.35,000/- within three weeks (Rs.30,000/- to opposite party no.2 on her appearance; Rs.5,000/- retained by the Centre for expenses); counsel was directed to file the memo of parties with WhatsApp number and e-mail id, notice was ordered to opposite party no.2, and the Centre was to conclude mediation expeditiously. Interim protection was granted: no coercive action till the next date of listing provided the receipt of deposit is filed before the court below; otherwise, and if the interim order is not extended after the fixed date, the court below is free to proceed. The matter was listed for the week commencing 11.08.2025.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 12553 of 2025

Applicant :- Ishatyak Husain And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Krishna Kant Yadav, learned counsel for the applicants and Sri K.K. Tripathi, learned AGA for the State.

The present application has been filed to quash the impunged chargesheet no.180 of 2024 dated 12.09.2024 as well as cognizance order dated 17.01.2025 and 21.03.2025 passed by Judicial Magistrate Thakurdwara, Moradabad as well as entire proceedings of Case No.112 of 2025, arising out of case crime no.210 of 2024, under Sections-498-A, 323, 506 IPC and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station-Bhagatpur, District-Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad.

Contention of learned counsel for the applicants is that the present proceeding arises out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre.

In view of the above, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs.35,000/- within three weeks from today with the Mediation Centre, out of which Rs.30,000/- shall be paid to the 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 the amount before the Mediation Centre, learned counsel for the applicants shall also file memo of parties as mentioned in the present case along with 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 11.08.2025.

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 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 :- 16.4.2025 S.Chaurasia

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad