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

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

What the court decided

AI extract

Outcome

Interim relief granted: reference of the matrimonial-dispute case to the Mediation and Conciliation Centre, Allahabad High Court; notice to opposite party no.2 with Rs. 15,000/- payable to her as expenses out of a Rs. 20,000/- deposit by the applicants; no coercive action against the applicants till the next date (25.09.2025), conditional upon deposit and participation in mediation, failing which coercive measures may follow. The quashing application itself was not finally decided.

Issue for consideration

Whether the criminal proceedings arising out of Case Crime No. 195 of 2023 (a matrimonial dispute) should be referred to the Mediation and Conciliation Centre, Allahabad High Court for amicable settlement, with interim protection from coercive action against the applicants in the meantime.

Court's answer

The applicants were directed to deposit Rs. 20,000/- within two weeks through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

Ratio / Principle

On deposit of the said amount, notice was to be issued to opposite party no.2 returnable within two weeks, and Rs. 15,000/- out of the deposited amount was to be paid to opposite party no.2 as expenses.

Key takeaways

The case was ordered to be sent to the Mediation and Conciliation Centre, Allahabad High Court, which is expected to conclude its proceedings within two months.ratio¶¶10
The case was to be listed on 25.09.2025 along with the report of the Mediation Centre before the appropriate Bench.ratio¶¶11
Until the next date of listing, no coercive action is to be taken against the applicants in the aforesaid case.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.), order dated 17.5.2025 in Application U/S 528 BNSS No. 17385 of 2025 (Kuldeep and 2 others v. State of U.P. and another): Applicants sought quashing of the entire proceeding of Case No. 7404 of 2024 (State v. Kuldeep and others) arising out of Case Crime No. 195 of 2023 under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Rajatalab, District Varanasi, submitting it arises out of a matrimonial dispute capable of amicable settlement. The Court directed the applicants to deposit Rs. 20,000/- within two weeks by bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; upon deposit, notice to opposite party no.2 (returnable in two weeks) with Rs. 15,000/- out of the deposit payable to her as expenses; the case was referred to the Mediation Centre, expected to conclude within two months; matter listed on 25.09.2025 with the mediation report; no coercive action against the applicants till the next date, subject to deposit and participation in mediation, failing which coercive measures shall follow.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 17385 of 2025

Applicant :- Kuldeep And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Kumar Gupta Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants and learned A.G.A for the State.

This application under Section 528 B.N.S.S. has been filed by the applicants for quashing the entire proceeding of Case No. 7404 of 2024 (State Vs. Kuldeep and others) arising out of Case Crime No. 195 of 2023, under Section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Rajatalab, District Varanasi.

Learned counsel for the applicants has submitted that present case arises out of a matrimonial dispute and there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties.

In view of above submissions made by learned counsel for the applicants, it is directed that the applicants shall deposit Rs . 20,000 /- within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs . 15,000 /- out of the aforementioned deposited amount

shall be paid to opposite party no.2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months.

List this case on 25.09.2025 along with report of Mediation Centre before appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

It is made clear that if the applicants fail to deposit the amount within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required.

Order Date :- 17.5.2025 Aiman

Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad