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

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

What the court decided

AI extract

Outcome

Interlocutory order: notice issued to opposite party no. 2; matter referred to the Mediation Centre of the Court subject to deposit of Rs. 35,000/- within three weeks (Rs. 30,000/- to opposite party no. 2 on her appearance; Rs. 5,000/- mediation fee), with filing of memo of parties and WhatsApp/Email Id of private respondents; conditional interim protection from coercive action till next date of listing upon submission of the deposit receipt before the court below; default extinguishes the interim order; case listed in the week commencing 22.09.2025 with the Mediation Centre's report. Final decision on quashing deferred.

Issue for consideration

Whether the charge sheet dated 16.05.2024, the summoning/cognizance order dated 23.12.2024 and the entire proceedings of Criminal Case No. 20230 of 2024 (arising out of Case Crime No. 117 of 2024) ought to be quashed. +1 more

Ratio / Principle

Court directed the applicants to deposit Rs. 35,000/- with the Mediation Centre of this Court within three weeks — Rs. 30,000/- thereof to be paid to opposite party no. 2 on her appearance on the fixed date and Rs. 5,000/- retained by the Mediation Centre as mediation fee — and remitted the matter to the Mediation Centre, which after deposit shall issue notice fixing a date and make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

Key takeaways

Conditional interim protection: if the receipt of the deposit is filed before the court below, no coercive action shall be taken against the applicants in the aforesaid case till the next date of listing; if the applicants fail to submit the receipt of deposit, the court below will be free to proceed in the matter.ratio¶14
Default consequence: on 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, the Mediation Centre shall immediately communicate with the office, and the case shall be listed within a week before the appropriate Bench; if the applicants fail to produce any order extending the interim protection after the date fixed, the court below would be free to proceed against them.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.) — Application U/S 528 BNSS No. 16942 of 2025 filed by Dushyant & 2 others for quashing the charge sheet dated 16.05.2024, the summoning/cognizance order dated 23.12.2024 and the entire proceedings of Criminal Case No. 20230 of 2024 (arising out of Case Crime No. 117 of 2024) under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Brahmpuri, District Meerut, pending before the Additional Chief Judicial Magistrate, Court No.7, Meerut. Contending that the matter is a matrimonial dispute amicably settleable, counsel sought reference to the Mediation and Conciliation Centre of the Court. The Court issued notice to opposite party no. 2; directed deposit of Rs. 35,000/- with the Mediation Centre within three weeks (Rs. 30,000/- to opposite party no. 2 on her appearance; Rs. 5,000/- mediation fee); required filing of the memo of parties with WhatsApp number and Email Id of the private respondents; and remitted the matter to the Mediation Centre to conclude proceedings expeditiously. Interim protection was granted — no coercive action till the next date of listing provided the deposit receipt is filed before the court below; default in deposit or appearance extinguishes the interim order. Case listed in the week commencing 22.09.2025 with the Mediation Centre's report. Order dated 15.5.2025.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 16942 of 2025

Applicant :- Dushyant & 2 Others Opposite Party :- State Of U.P & Another Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Mohd. Oasim, learned counsel for the applicant through and Sri Sandeep Chaudhary, learned AGA for the State.

The present application has been filed for quashing the charge sheet dated 16.05.2024 as well as summoning/ cognizance order dated 23.12.2024 including the entire proceedings of Criminal Case No. 20230 of 2024, arising out of Case Crime No.117 of 2024, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Brahmpuri, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No.7, Meerut.

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. 35,000/- within three weeks from today with the Mediation Centre of this Court out of which Rs. 30,000/- 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 22.09.2025 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 :- 15.5.2025 A.Kr.

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