Raju and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Raju and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only; the application was not finally allowed or dismissed. Conditional referral to mediation: deposit of Rs. 15,000/- within two weeks (of which Rs. 10,000/- payable to opposite party no.2 as expenses); notice to opposite party no.2 returnable in two weeks; mediation to conclude within two months; listing on 11.11.2025 with mediation report; no coercive action against the applicants until the next date of listing, subject to coercive measures if deposit/participation defaults.

Issue for consideration

Whether the Cognizance Order dt.26.07.2021 passed by the Civil Judge (J.D.)/ F.T.C. (Offences against Women), Rampur, the charge sheet dt.11.02.2021, and the entire proceedings in Case Crime No.55 of 2020 (Sections 498-A, 323, 506 I.P.C., P.S. Mahila Thana, Rampur) should be set aside. +1 more

Ratio / Principle

The applicants are directed to deposit Rs. 15,000/- within two weeks through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

Key takeaways

Upon deposit of the said amount, notice is to be issued to opposite party no.2, returnable within two weeks.ratio¶9
Rs. 10,000/- 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 (Vikram D. Chauhan, J.) — Application under Section 528 B.N.S.S. (No. 20847 of 2025) by Raju and another seeking setting aside of the Cognizance Order dt.26.07.2021 of the Civil Judge (J.D.)/ F.T.C. (Offences against Women), Rampur, the charge sheet dt.11.02.2021, and entire proceedings in Case Crime No.55 of 2020 under Sections 498-A, 323, 506 I.P.C., P.S. Mahila Thana, District Rampur. Counsel submitted the case arises out of a matrimonial dispute capable of amicable settlement and requested mediation. By interim directions (Order Date 23.6.2025), the Court required the applicants to deposit Rs. 15,000/- within two weeks by bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; on deposit, notice to opposite party no.2 returnable within two weeks, with Rs. 10,000/- of the deposit payable to opposite party no.2 as expenses; the case sent to the Mediation Centre, to conclude within two months; listing on 11.11.2025 with the mediation report; and no coercive action against the applicants till the next listing, failing which (on default of deposit or participation) coercive measures would follow. No precedent cases cited; no final adjudication of the quashing question at this stage.

Court No. - 68

Case :- APPLICATION U/S 528 BNSS No. - 20847 of 2025

Applicant :- Raju And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pragati,Shaili Ganguly 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 under Section 528 B.N.S.S. has been filed by the applicants for setting aside the Cognizance Order dt.26.07.2021 passed by the Court of Civil Judge (J.D.)/ F.T.C. (Offences against Women), Rampur, as well as against the Charge sheet dt.11.02.2021 and against entire proceedings in Case Crime No.55 of 2020, Under Section 498-A, 323, 506 I.P.C., Police Station Mahila Thana, District Rampur,

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 11.11.2025 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 :- 23.6.2025 Aiman

Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad