Afroj vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Afroj vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application not finally decided: interim stay of the proceedings in Case No. 7841 of 2024 (State Vs. Afroj) till the next date of listing (08.10.2025), with the matter referred to the Mediation and Conciliation Centre, High Court, Allahabad, conditional on the applicant depositing Rs. 30,000/- within three weeks; the interim stay to stand automatically vacated on default in deposit or non-participation in mediation.

Issue for consideration

Whether the entire proceedings, including the charge-sheet dated 30.07.2023 and the cognizance/summoning order dated 24.10.2024, in Case No. 7841 of 2024 (State Vs. Afroj) arising out of Case Crime No. 310 of 2023 under Sections 323, 506 I.P.C. should be quashed. +1 more

Court's answer

Proceedings in Case No. 7841 of 2024 (State Vs. Afroj), arising out of Case Crime No. 310 of 2023, pending before the Chief Judicial Magistrate, Farrukhabad, were stayed till the next date of listing.

Ratio / Principle

The Court expressed satisfaction, on the basis of the record and the submissions made before it, that the nature of the litigation left a chance to resolve the matter through the process of mediation and that an attempt ought to be made to explore that possibility.

Key takeaways

The matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad.ratio¶10
The applicant was directed to deposit Rs. 30,000/- within three weeks at the Mediation Centre.ratio¶11
On deposit of the amount, the Mediation Centre was to issue notices to both parties returnable within a period of four weeks.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 14898 of 2025 (Afroj v. State of U.P. and Another), order dated 3.6.2025: Application to quash proceedings including charge-sheet dated 30.07.2023 and cognizance/summoning order dated 24.10.2024 in Case No. 7841 of 2024 (State Vs. Afroj), arising out of Case Crime No. 310 of 2023, under Sections 323, 506 I.P.C., Police Station Farrukhabad Kotwali, District Fatehagarh (Farrukhabad), pending before the Chief Judicial Magistrate, Farrukhabad. Counsel for the applicant-husband submitted that the matter related to a matrimonial dispute, offered Rs. 30,000/- towards bona fides and sought referral to mediation. Finding that there was a chance to resolve the matter through mediation, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad, directing deposit of Rs. 30,000/- within three weeks; upon deposit, notices to both parties returnable within four weeks; Rs. 27,000/- to be handed to the wife on her first appearance towards maintenance and minimum expenses and Rs. 3,000/- retained by the Centre; mediator allowed three months to report the outcome. Criminal proceedings stayed till the next listing (08.10.2025); the interim stay to stand automatically vacated on default in deposit or non-participation in mediation. Case not to be treated as tied up or part heard.

Court No. - 50

Case :- APPLICATION U/S 528 BNSS No. - 14898 of 2025

Applicant :- Afroj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Supplementary affidavit on behalf of the applicant filed today in the Court is taken on record.

Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 528 BNSS has been filed to quash the entire proceedings including charge-sheet dated 30.07.2023 and cognizance/ summoning order dated 24.10.2024 in Case No. 7841 of 2024 (State Vs. Afroj), arising out of Case Crime No.310 of 2023, under Sections 323, 506 I.P.C., Police Station Farrukhabad Kotwali, District Fatehagarh (Farrukhabad), pending in the court of Chief Judicial Magistrate, Farrukhabad.

Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant will

deposit Rs.30,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs.27,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs.3,000/- will remain deposited with the Mediation Centre.

The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

Put up this case as fresh on 08.10.2025 along with report of the mediator.

Till the next date of listing, proceeding of Case No. 7841 of 2024 (State Vs. Afroj), arising out of Case Crime No.310 of 2023, under Sections 323, 506 I.P.C., Police Station Farrukhabad Kotwali, District Fatehagarh (Farrukhabad), pending in the court of Chief Judicial Magistrate, Farrukhabad, shall remain stayed.

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

This case shall not be treated as tied up or part heard to this Court.

Order Date :- 3.6.2025 AS

Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad