Ashwani Tripathi and Aother vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Ashwani Tripathi and Aother vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants till the next date of listing; matter referred to the Mediation and Conciliation Centre, Allahabad High Court, subject to deposit of Rs.25,000/- within three weeks, with Rs.20,000/- thereof payable to opposite party no.2 as expenses; notice to opposite party no.2 returnable within two weeks; case listed on 5.12.2025 with the mediation report; coercive measures to follow on failure to deposit or non-participation/delay in mediation.

Issue for consideration

Whether the cognizance/summoning order dated 08.04.2025 passed by the Additional Chief Judicial Magistrate-3, Kanpur Dehat, the charge sheet dated 02.02.2025 and the entire criminal proceedings in Case No.11249 of 2025 under Sections 498A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act should be quashed. +1 more

Court's answer

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Ratio / Principle

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

Key takeaways

Upon deposit of the aforesaid amount, notice shall be issued to opposite party no.2 returnable within a period of two weeks.ratio¶10
Rs.20,000/- out of the deposited amount shall be paid to opposite party no.2 as expenses.ratio¶10
The case shall be sent to the Mediation and Conciliation Centre, Allahabad High Court, which is expected to conclude its proceedings within two months.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.) — Application under Section 528 BNSS No. 20013 of 2025 filed by Ashwani Tripathi and another seeking quashing of the cognizance/summoning order dated 08.04.2025 of the Additional Chief Judicial Magistrate-3, Kanpur Dehat in Case No.11249 of 2025 (State Versus Ashwani and others), the charge sheet dated 02.02.2025 and the entire criminal proceedings under Sections 498A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act arising out of Case Crime No. 63 of 2024, Police Derapur, District Kanpur Dehat. Counsel submitted that the matter arises out of a matrimonial dispute with every chance of amicable settlement. The Court directed the applicants to deposit Rs.25,000/- within three weeks through 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, with Rs.20,000/- of the deposited amount to be paid to opposite party no.2 as expenses; the case was sent to the Mediation and Conciliation Centre, expected to conclude within two months, and listed on 5.12.2025 with the mediation report. Till the next date, no coercive action was to be taken against the applicants; however, failure to deposit or avoidance/delay in mediation would attract coercive measures.

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 20013 of 2025

Applicant :- Ashwani Tripathi And Aother Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvani Tripathi,Durgesh 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.

The present application has been filed by applicants for quashing the cognizance/summoning order dated 08.04.2025 of Additional Chief Judicial Magistrate-3, Kanpur Dehat in Case No.11249 of 2025 (State Versus Ashwani and others) under Sections 498A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Derapur, District Kanpur Dehat and entire criminal proceedings arising of Case No.11249 of 2025 (State Versus Ashwani and others) pending before Additional Chief Judicial Magistrate-3, Kanpur Dehat, under Sections 498A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act as well as charge sheet dated 02.02.2025 under Sections 498A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act arising out of Case Crime No. 63 of 2024, Police Derapur, District Kanpur Dehat.

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.25,000/- 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.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.

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