Gopal Ji Srivastava and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Gopal Ji Srivastava and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Notice issued to opposite party no. 2; matrimonial dispute referred to the Mediation and Conciliation Centre subject to deposit of Rs. 30,000/-; interim protection from coercive action till the next date of listing conditional on filing the deposit receipt before the court below; case to be listed in the week commencing 22.08.2025 with the Mediation Centre report. The quashing prayer itself was not finally decided.

Issue for consideration

Whether the charge sheet dated 22.10.2024, summoning/cognizance order dated 18.03.2025 and the entire proceedings of Criminal Case No. 59 of 2025 (arising out of Case Crime No. 312 of 2024, a matrimonial dispute under Sections 498A, 504, 506, 406 IPC and 3/4 D.P. Act) should be quashed, and whether the matter ought to be referred to the Mediation and Conciliation Centre for amicable settlement.

Court's answer

Notice was issued to opposite party no. 2, returnable at an early date, and the matter was remitted to the Mediation Centre with directions to issue notice to the parties, fix a date for mediation, and make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

Ratio / Principle

The applicants were directed to deposit a sum of Rs. 30,000/- within three weeks with the Mediation Centre of the Court, out of which Rs. 25,000/- is to be paid to opposite party no. 2 on her appearance, and Rs. 5000/- is to be retained by the Mediation Centre as mediation fee.

Key takeaways

Interim protection: upon the applicants filing the receipt of deposit before the court below, no coercive action shall be taken against them in the aforesaid case until the next date of listing; if the receipt is not submitted, the court below is free to proceed.ratio¶14
Default condition: in case of default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate, and the Mediation Centre shall communicate with the office to list the case within a week; failure to produce an extending order would leave the court below free to proceed.ratio¶16

Detailed headnote1 paragraphs

Matrimonial dispute / quashing application u/s 528 BNSS — Applicants sought quashing of charge sheet dated 22.10.2024 and summoning/cognizance order dated 18.03.2025 in Criminal Case No. 59 of 2025 (Case Crime No. 312 of 2024, under Sections 498A, 504, 506, 406 IPC and 3/4 D.P. Act, P.S. Colonelganj, District Prayagraj). Contending the matter was a matrimonial dispute capable of amicable settlement, they sought referral to mediation. Held (Arun Kumar Singh Deshwal, J., High Court of Judicature at Allahabad, order dated 13.5.2025): notice issued to opposite party no. 2; applicants directed to deposit Rs. 30,000/- within three weeks with the Mediation Centre (Rs. 25,000/- to opposite party no. 2 on appearance; Rs. 5,000/- retained as mediation fee); matter remitted to the Mediation Centre to conclude proceedings expeditiously; no coercive action against applicants till next date of listing provided the deposit receipt is filed before the court below; on default in deposit or appearance, the interim order ceases to operate and the court below may proceed; case to be listed in the week commencing 22.08.2025 along with the Mediation Centre report. Final question of quashing left open.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 16613 of 2025

Applicant :- Gopal Ji Srivastava And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sagar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Sagar Mishra, learned counsel for the applicant and Sri Uday Bhan, learned AGA for the State.

The present application has been filed for quashing the charge sheet dated 22.10.2024 as well as summoning/ cognizance order dated 18.03.2025 including the entire proceedings of Criminal Case No. 59 of 2025, arising out of Case Crime No.312 of 2024, under Sections 498A, 504, 506, 406 IPC and 3/4 D.P. Act, Police Station Colonelganj, District Prayagraj.

Contention of learned counsel for the applicants is that the present matter is matrimonial dispute and the same can be amicably settled through mediation proceeding and a request is made to refer this case to Mediation and Conciliation Centre of this Court.

Issue notice to the opposite party no. 2, returnable at an early date.

In view of the above, it is directed that applicants shall deposit a sum of Rs. 30,000/- within three weeks from today with the Mediation Centre of this Court out of which Rs. 25,000/- shall be paid to opposite party no. 2, on the date fixed, on her appearance before the Mediation Centre and Rs. 5000/- be retained by the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

It is also directed that while depositing the aforesaid amount before the mediation centre, counsel for the applicants shall also file a photocopy of memo of parties as mentioned in present case

along with WhatsApp number as well as Email Id of the private respondent(s), if available.

List this case in the week commencing 22.08.2025 before the appropriate Bench along with the report of Mediation Centre.

After depositing the aforesaid amount before mediation centre, the receipt of the same shall be submitted by the applicants before the court below. In case, such receipt of deposit is filed before the court below then, no coercive action shall be taken against the applicants in the aforesaid case, till next date of listing.

In case, the applicants fail to submit the receipt of deposit before the court below then court below will be free to proceed in the matter.

It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

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 :- 13.5.2025 A.Kr.

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