Vaibhav Agrawal and Another vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Vaibhav Agrawal and Another 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, conditional on the applicants depositing Rs. 35,000/- within three weeks (Rs. 30,000/- to opposite party no. 2 on her appearance; balance Rs. 5,000/- retained by the mediation centre towards expenses); notices to parties for mediation dates after deposit, with expeditious conclusion directed; interim protection — no coercive action till the next date of listing (listing in the week commencing 15.09.2025) provided the deposit receipt is filed before the court below, failing which the court below is free to proceed; interim order valid till the next date unless extended; amendment application to convert the filing into an Application u/s 528 of BNSS to be filed by the applicants' counsel. Final quashing prayer not decided at this stage.

Issue for consideration

Whether the entire criminal proceedings in Case No. 120417 of 2023 (State Vs. Vaibhav Agrawal and other), arising out of a matrimonial offence (Charge Sheet dated 07.11.2023 in Case Crime No. 0053 of 2023), together with the impugned order dated 07.12.2023 of the A.C.J.M. Court No. 7, Varanasi, should be referred to the Mediation Centre.

Court's answer

Accepting the contention that the offence is matrimonial in nature, the entire proceedings of Case No. 120417 of 2023 (State Vs. Vaibhav Agrawal and other) are referred to the Mediation Centre, High Court Allahabad.

Ratio / Principle

The referral is conditional on the applicants depositing Rs. 35,000/- with the Mediation Centre within three weeks, out of which Rs. 30,000/- 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.

Key takeaways

Notice was ordered to opposite party no. 2; after deposit of the amount within the stipulated time, notices shall be issued to the parties fixing a date for mediation, and the Mediation Centre is directed to make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.ratio¶¶13
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¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Arun Kumar Singh Deshwal, J.; Order dated 6.5.2025) — Application U/S 528 BNSS No. 15664 of 2025, Vaibhav Agrawal and another v. State of U.P. and another. The applicants sought quashing of the entire proceedings of Case No. 120417 of 2023 (State Vs. Vaibhav Agrawal and other), arising out of the Charge Sheet dated 07.11.2023 in Case Crime No. 0053 of 2023 under Sections 354A, 498A, 504, 506 of I.P.C. and 3/4 Dowry Prohibition Act, Police Station Dashaswamedh, District Varanasi, pending before the Additional Chief Judicial Magistrate, Court No. 7, Varanasi, and of the impugned order dated 07.12.2023 passed by that forum. On the contention that the offence was matrimonial in nature, THIS COURT REFERRED THE MATTER TO THE MEDIATION CENTRE, HIGH COURT ALLAHABAD, conditional on the applicants depositing Rs. 35,000/- within three weeks — Rs. 30,000/- payable to opposite party no. 2 on her appearance before the Mediation Centre and the balance Rs. 5,000/- retained by the mediation centre towards expenses. Notice was ordered to opposite party no. 2; upon deposit, notices were to fix a mediation date with expeditious conclusion of mediation and conciliation directed. Interim protection: no coercive action against the applicants till the next date of listing (week commencing 15.09.2025) provided the deposit receipt is filed before the court below; failing deposit, or absence of an extending order after the fixed date, the court below may proceed. Counsel for the applicants was further directed to file an amendment application converting the filing into an Application u/s 528 of BNSS. The final prayer for quashing was not decided at this stage.