Sarvesh Mishra and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Sarvesh Mishra and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Matter referred to the Mediation Centre, High Court Allahabad, subject to deposit of Rs.30,000/- within three weeks (Rs.25,000/- payable to opposite party no.2 on her appearance; balance Rs.5,000/- retained by the mediation centre towards expenses); memo of parties with WhatsApp number/email-id of private respondent(s) to be filed with the deposit; notices to the parties to fix a mediation date after deposit; mediation/conciliation to be concluded expeditiously; matter to be listed in the week commencing 25.08.2025 with the Mediation Centre's report; interim immunity from coercive action till the next date of listing, conditional on filing the deposit receipt before the court below and on producing any extension order after the date fixed, failing which the court below is free to proceed.

Issue for consideration

Whether the pending proceedings (charge sheet dated 04.08.2024 and cognizance/summoning order dated 27.01.2025, Case No. 397/2025), which arise out of an offence matrimonial in nature, should be referred to the Mediation Centre.

Court's answer

Accepting the applicants' contention that the proceedings arise out of a matrimonial offence, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the applicants depositing Rs.30,000/- with the Mediation Centre within three weeks.

Ratio / Principle

Of the deposited sum, Rs.25,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date fixed by the mediation centre, and the balance Rs.5,000/- shall be retained by the mediation centre towards its expenses.

Key takeaways

While depositing the amount before the Mediation Centre, learned counsel for the applicants shall also file a memo of parties as mentioned in the present case, along with the WhatsApp number and Email-Id of the private respondent(s), if available.ratio¶9
After deposit of the aforesaid amount within the aforementioned time, notices shall be issued to the parties fixing some date for mediation.ratio¶11
The Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

Detailed headnote1 paragraphs

APPLICATION U/S 528 BNSS No. 13153 of 2025 (decided 21.4.2025, Arun Kumar Singh Deshwal, J.) - Petition to quash charge sheet dated 04.08.2024 and cognizance/summoning order dated 27.01.2025, and entire proceedings of Case No. 397/2025 (Case Crime No. 01/2024, Sections-498A, 323 IPC; Section- 3/4 Dowry Prohibition Act, P.S. Mahila Thana, Distt. Etah). Counsel contended the offence was matrimonial in nature and sought reference to mediation. Held: matter referred to Mediation Centre, High Court Allahabad, subject to applicants depositing Rs.30,000/- within three weeks, of which Rs.25,000/- payable to opposite party no.2 on her appearance before the Centre and balance Rs.5,000/- retained towards expenses; memo of parties with WhatsApp number/email-id of private respondent(s) to be filed with the deposit; notices to parties fixing a mediation date to issue after deposit; mediation to be concluded expeditiously; listing in week commencing 25.08.2025 with mediation report. If applicants file the deposit receipt before the court below, no coercive action till next date of listing; failing submission of the receipt, or failure to produce an extension order after the date fixed, the court below would be free to proceed.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 13153 of 2025

Applicant :- Sarvesh Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Ajay Kumar Vashistha, learned counsel for the applicants and Sri Rajiv Kumar Singh, learned AGA for the State.

The present application has been filed to quash the charge sheet dated 04.08.2024 and cognizance/summoning order dated 27.01.2025 as well as entire proceedings of Case No. 397/2025, Case Crime No. 01/2024, under Sections-498A, 323 IPC and Section- 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Etah.

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.30,000/- within three weeks from today with the Mediation Centre, out of which Rs.25,000/- 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 25.08.2025 along with the report of Mediation Centre.

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 :- 21.4.2025 Sharad/-

Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad