Vipin Singh and Another vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Vipin Singh and Another vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed on the lines sought: the criminal proceeding was ordered to be sent to the Mediation and Conciliation Centre, Allahabad High Court, conditioned on the applicants depositing Rs. 15,000/- within two weeks; Rs. 10,000/- to be paid to opposite party no. 2 as expenses; mediation to conclude within two months; case to be listed on 31.10.2025 with the Mediation Centre report; interim bar on coercive action against the applicants, with coercive measures to follow upon default, non-participation or delay.

Issue for consideration

Whether the pending criminal proceeding (Case No. 18479 of 2024, arising out of Case Crime No. 889 of 2022, under Sections 498A/323 I.P.C. and 3/4 D.P. Act), which arises out of a matrimonial dispute, should be sent to the Mediation and Conciliation Centre, Allahabad High Court, in view of the chance of amicable settlement between the parties.

Court's answer

The applicants were directed to deposit Rs. 15,000/- within two weeks from the date of the order through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court, as the condition for referring the dispute to mediation.

Ratio / Principle

On deposit of the said amount, notice was to be issued to opposite party no. 2 returnable within a period of two weeks; Rs. 10,000/- out of the deposited amount was to be paid to opposite party no. 2 as expenses; the case was to be sent to the Mediation and Conciliation Centre, Allahabad High Court, which was expected to conclude its proceedings within two months.

Key takeaways

Until the next date of listing (fixed for 31.10.2025 along with the report of the Mediation Centre before the appropriate Bench), no coercive action was to be taken against the applicants in the aforesaid case.ratio¶¶11
If the applicants failed to deposit the amount within two weeks, avoided participating in the mediation proceedings, or delayed the proceedings, coercive measures would be taken against them as required.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), Application U/S 528 BNSS No. 17494 of 2025, decided 23.5.2025 — Applicants facing trial in Case No. 18479 of 2024 (State Vs. Vipin Singh and another) before the Chief Judicial Magistrate, Auraiya, pursuant to a summoning order dated 28.04.2025, arising out of Case Crime No. 889 of 2022 (Sections 498A, 323 I.P.C.; Sections 3/4 D.P. Act), submitted that the case arose out of a matrimonial dispute with every chance of amicable settlement and sought its reference to the Mediation and Conciliation Centre, Allahabad High Court. The Court directed the applicants to deposit Rs. 15,000/- within two weeks through bank draft before the Registrar of the Mediation Centre; on such deposit, notice to issue to opposite party no. 2 returnable within two weeks, Rs. 10,000/- of the deposit to be paid to opposite party no. 2 as expenses, and the case to be sent to the Mediation Centre, which was expected to conclude proceedings within two months. The case was listed for 31.10.2025 along with the Mediation Centre's report. Until the next listing, no coercive action was to be taken against the applicants; however, failure to deposit, non-participation, or delay would attract coercive measures.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 17494 of 2025

Applicant :- Vipin Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Mishra 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 allowing application under Section 528 of BNSS and the entire criminal proceeding in Case No. 18479 of 2024 (State Vs. Vipin Singh and another), pending before Chief Judicial Magistrate Auraiya, arising out of Case Crime No. 889 of 2022 under Sections 498A, 323 I.P.C. and 3/4 D.P. Act, Police Station Auraiya, District Auraiya, whereby the court below summoned the applicants to face the trial in pursuance of summoning order dated 28.04.2025.

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.15,000/- 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.10,000/- 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