Shiraj Ahmad and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shiraj Ahmad and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief pending mediation: no coercive action against the applicants till the next date of listing (31.10.2025), conditional upon deposit of Rs.20,000/- within two weeks and participation in the mediation proceedings; matter referred to the Mediation and Conciliation Centre, Allahabad High Court. The prayer to quash remains undecided.

Issue for consideration

Whether the summoning order dated 15.02.2022 and the charge sheet dated 26.11.2021 in Case Crime No. 307 of 2021 against the applicants should be quashed. +1 more

Ratio / Principle

The applicants shall deposit Rs.20,000/- within two weeks from the date of the order through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

Key takeaways

On deposit of the aforesaid amount, notice shall be issued to opposite party no.2, returnable within a period of two weeks.ratio¶9
Rs.15,000/- out of the deposited amount shall be paid to opposite party no.2 as expenses and the case shall be sent to the Mediation and Conciliation Centre, Allahabad High Court.ratio¶9
The Mediation Centre is expected to conclude its proceedings within two months.

Detailed headnote1 paragraphs

Interim order (Court No. 75, Order Date 23.5.2025) passed by Hon'ble Vikram D. Chauhan, J., High Court of Judicature at Allahabad, in Application U/S 528 BNSS No. 17455 of 2025 filed by Shiraj Ahmad and 2 others against State of U.P. and another, seeking quashing of the summoning order dated 15.02.2022 passed by the Special Chief Judicial Magistrate, Kanpur Nagar, and the charge sheet dated 26.11.2021 in Case Crime No. 307 of 2021 (Sections 498-A, 342, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Barra, District Kanpur Nagar), pending before the Chief Judicial Magistrate, Kanpur Nagar. Noting counsel's submission that the case arises out of a matrimonial dispute with every chance of amicable settlement, the Court directed the applicants to deposit Rs.20,000/- within two weeks through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; upon deposit, notice to opposite party no.2 returnable within two weeks; Rs.15,000/- of the deposit to be paid to opposite party no.2 as expenses; and the case to be sent to the said Centre, which is expected to conclude proceedings within two months. Case listed for 31.10.2025 with the mediation report; till the next date of listing, no coercive action against the applicants, failing which - on non-deposit, non-participation or delay - coercive measures shall follow.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 17455 of 2025

Applicant :- Shiraj Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N.Singh,Manish Kumar Singh 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 has been filed by the applicants for quashing the summoning order dated 15.02.2022 passed by Special Chief Judicial Magistrate, Kanpur Nagar and charge sheet dated 26.11.2021 in Case Crime No. 307 of 2021 (State of U.P. Vs. Shiraj and others), under Sections 498-A, 342, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Barra, District Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Kanpur Nagar.

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 31.10.2025 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 :- 23.5.2025 VMA

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad