Suresh Chandra and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Suresh Chandra and 5 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.25,000/- within three weeks (Rs.20,000/- to opposite party no.2 on appearance; Rs.5,000/- retained by the mediation centre); memo of parties with WhatsApp number and Email-Id of private respondents to be filed; notice to opposite party no.2; mediation to be concluded expeditiously; interim protection from coercive action till next date of listing conditional on filing the deposit receipt before the court below; matter listed in the week commencing 22.09.2025.

Issue for consideration

Whether the charge sheet dated 22.09.2021, the entire proceedings of Case No.22 of 2023 and the cognizance/summoning order dated 23.08.2022 in Case Crime No.5 of 2020 are liable to be quashed.

Court's answer

Accepting the contention that the dispute is a matrimonial dispute capable of settlement through mediation, the court referred the matter to the Mediation Centre, High Court Allahabad, subject to the applicants depositing Rs.25,000/- within three weeks, out of which Rs.20,000/- is to be paid to opposite party no.2 on her appearance before the Mediation Centre and Rs.5,000/- is to be retained by the mediation centre towards its expenses.

Ratio / Principle

Interim protection granted: on the applicants filing 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; if the receipt is not filed, or if no extension of the interim order is produced after the date fixed, the court below would be free to proceed against the applicants.

Detailed headnote1 paragraphs

Application under S.528 BNSS to quash charge sheet dated 22.09.2021, cognizance/summoning order dated 23.08.2022 passed by Civil Judge (Junior Division)/Fast Track Court-I, Kaushambi, and entire proceedings of Case No.22 of 2023 arising out of Case Crime No.5 of 2020 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Kaushambi. Contention that the dispute between husband and wife is a matrimonial dispute settleable through mediation was accepted: matter referred to the Mediation Centre, High Court Allahabad, subject to deposit of Rs.25,000/- within three weeks (Rs.20,000/- payable to opposite party no.2 on her appearance; Rs.5,000/- retained by the mediation centre towards expenses); counsel for applicants to file memo of parties with WhatsApp number and Email-Id of private respondents; notice issued to opposite party no.2; mediation and conciliation to be concluded expeditiously; interim order that no coercive action be taken against applicants till next date of listing provided they file the deposit receipt before the court below, failing which (or absent extension of the interim order by this court) the court below is free to proceed. Listed in the week commencing 22.09.2025. Order by Hon'ble Arun Kumar Singh Deshwal, J., dated 13.5.2025.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 16641 of 2025

Applicant :- Suresh Chandra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Thakur Prasad Dubey, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State.

The present application has been filed to quash charge sheet dated 22.09.2021 as well as the entire proceedings of Case No.22 of 2023, State Vs. Suresh Chandra and others, arising out of Case Crime No.5 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Kaushambi including the cognizance/ summoning order dated 23.08.2022 passed by the Civil Judge (Junior Division)/ Fast Track Court-I, Kaushambi in the above mentioned case.

Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this 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.25,000/- within three weeks from today with the Mediation Centre, out of which Rs.20,000/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 22.09.2025.

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 :- 13.5.2025 Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad