Disposed¶11

Gautam Kumar and 2 Others v. State of U.P. and Another

Allahabad HC26 May 2025NA528/18843/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Application U/S 528 BNSS No. 18843 of 2025; quashing of charge sheet and summoning order; matrimonial dispute; referral to Mediation and Conciliation Centre; interim protection from coercive action; Sections 498A, 323, 504, 506 IPC; Section 3/4 Dowry Prohibition Act; Case Crime No.174 of 2024; Criminal Case No.208 of 2025; P.S. Ahraura, District Mirzapur; deposit Rs.25,000; mediation expenses Rs.20,000 to opposite party no.2; Vikram D. Chauhan, J.; order dated 26.5.2025.

What did the court decide?

Interim relief: no coercive action against the applicants till the next date of listing (7.11.2025), conditional on deposit of Rs.25,000/- and participation in mediation; matter referred to Mediation and Conciliation Centre, Allahabad High Court; quashing application itself not decided on merits. ¶11

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 08.11.2024, cognizance and summoning order dated 17.04.2025 in Criminal Case No.208 of 2025, arising out of Case Crime No.174 of 2024, should be quashed/dropped. +1 more

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Court's answer

Interim protection: till the next date of listing, no coercive action to be taken against the applicants in the aforesaid case.

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Ratio / Principle

Applicants directed to deposit Rs.25,000/- within two weeks through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

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Key takeaways

Out of the deposited amount, Rs.20,000/- to be paid to opposite party no.2 as expenses, and the case to be sent to Mediation and Conciliation Centre, Allahabad High Court.ratio¶9
Upon deposit of the amount, notice to be issued to opposite party no.2 returnable within a period of two weeks.ratio¶9
Mediation Centre expected to conclude its proceedings within two months.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.) — interim order on application under S.528 BNSS (No. 18843 of 2025) by Gautam Kumar and 2 others seeking quashing/dropping of charge sheet dated 08.11.2024, cognizance and summoning order dated 17.04.2025 in Criminal Case No.208 of 2025 (State Vs. Gautam Kumar & others), arising out of Case Crime No.174 of 2024 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.-Ahraura, District Mirzapur, pending before Civil Judge (J.D.) F.T.C. (Crime against Women), Mirzapur. Counsel submitted the case arises out of a matrimonial dispute with chance of amicable settlement. Court directed: (i) applicants to deposit Rs.25,000/- within two weeks by bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; (ii) on deposit, Rs.20,000/- payable to opposite party no.2 as expenses and notice to opposite party no.2 returnable within two weeks; (iii) case sent to Mediation and Conciliation Centre, to conclude within two months; (iv) listing on 7.11.2025 with mediation report; (v) no coercive action against applicants till next date, failing deposit/participation or causing delay, coercive measures to follow.

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Court No. - 75

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Case :- APPLICATION U/S 528 BNSS No. - 18843 of 2025 Applicant :- Gautam Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishvajit Tiwari,Yogesh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Vakalatnama filed by Sri Kumar Vikrant, Advocate on behalf of opposite party no.2, is taken on record.

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Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned A.G.A for the State.

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The present application has been filed by applicants for quashing / dropping the charge sheet dated 08.11.2024, cognizance as well as summoning order dated 17.04.2025 in Criminal Case No.208 of 2025 (State Vs. Gautam Kumar & others) arising out of Case Crime No.174 of 2024, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station-Ahraura, DistrictMirzapur, pending in the court of Learned Civil Judge (J.D.) F.T.C. (Crime against Women), Mirzapur.

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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.

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In view of above submissions made by learned counsel for the applicants, it is directed that the applicants shall deposit Rs.25,000/- within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

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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.20,000/- 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.

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List this case on 7.11.2025 along with report of Mediation Centre before appropriate Bench.

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

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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.

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Order Date :- 26.5.2025 D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Gautam Kumar and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gautam Kumar and 2 Others v. State of U.P. and Another

Case brief

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What the court decided

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