Rahul @ Govind and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Rahul @ Govind and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim directions issued (application pending final disposal): referral of the case to the Mediation and Conciliation Centre, Allahabad High Court, conditional on the applicants depositing Rs. 20,000/- within three weeks; Rs. 15,000/- of the deposit payable to opposite party no. 2 as expenses; notice to opposite party no. 2 returnable in two weeks upon deposit; mediation to conclude within two months; no coercive action against applicants till the next date of listing (5.12.2025), subject to reversal if deposit/participation conditions are breached.

Issue for consideration

Whether the charge sheet dated 15.06.2022, the cognizance/summoning order dated 12.09.2022 and the ensuing criminal proceedings in Criminal Case No. 7529 of 2022, arising out of a matrimonial dispute, may be resolved through amicable settlement via mediation (with quashing to follow upon settlement).

Court's answer

Applicants directed to deposit Rs. 20,000/- within three weeks from the date of the order, through bank draft, before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

Ratio / Principle

Upon deposit of the said amount, notice shall be issued to opposite party no. 2, returnable within a period of two weeks.

Key takeaways

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¶5
The Mediation Centre is expected to conclude its proceedings within two months.ratio¶5
The case is to be listed on 5.12.2025 along with the report of the Mediation Centre before the appropriate Bench.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikram D. Chauhan, J.), Application U/S 528 BNSS No. 20010 of 2025, decided 7.7.2025: Application by Rahul @ Govind and 4 others under Section 528 BNSS seeking quashing of the charge sheet dated 15.06.2022, the cognizance/summoning order dated 12.09.2022 and the entire criminal proceeding of Criminal Case No. 7529 of 2022 (arising out of Case Crime No. 119 of 2022, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Talgram, District Kannauj) pending before the Civil Judge (Junior Division) FTC-2, Kannauj. Counsel submitted that the case arose out of a matrimonial dispute with every chance of amicable settlement outside court and sought referral to mediation. The Court directed the applicants to deposit Rs. 20,000/- within three weeks by bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; on such deposit, notice to issue to opposite party no. 2 returnable within two weeks and Rs. 15,000/- to be paid to opposite party no. 2 as expenses; the case to be sent to mediation, to be concluded within two months; listing on 5.12.2025 with the mediation report. Till the next date, no coercive action against the applicants; failure to deposit, non-participation or delay would attract coercive measures.

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 20010 of 2025

Applicant :- Rahul @ Govind And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh,Jai Bahadur 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.

The present application has been filed by applicants for quashing the impugned charge sheet dated 15.06.2022 and cognizance / summoning order dated 12.09.2022 as well as entire criminal proceeding of Criminal Case No.7529 of 2022 (State Versus Rahul alias Govind and others) pending in the court of Civil Judge (Junior Division) FTC-2, Kannauj arising out of Case Crime No.119 of 2022, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Talgram District Kannauj.

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 three 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 5.12.2025 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 three 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 :- 7.7.2025 D. Tamang

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