Rani and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rani and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants till the next date of listing (13.11.2025), conditional upon deposit of Rs. 25,000/- within two weeks and participation in mediation; matter referred to the Mediation and Conciliation Centre, Allahabad High Court, with Rs. 20,000/- of the deposit payable to opposite party no.2 as expenses; the quashing application itself was not decided and remains listed with the mediation report.

Issue for consideration

Whether the entire proceedings in Case No. 5129 of 2025 (State Vs. Rani and others), arising out of Case Crime No. 80 of 2024, including the summoning order dated 11.03.2025 and charge sheet dated 31.05.2025, should be quashed. +1 more

Court's answer

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

Ratio / Principle

The applicants were directed to deposit Rs. 25,000/- within two weeks through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court, as a condition for sending the dispute to mediation.

Key takeaways

On such deposit, notice was to issue to opposite party no.2 returnable within two weeks; Rs. 20,000/- out of the deposited amount was to be paid to opposite party no.2 as expenses; the case was sent to the Mediation and Conciliation Centre, Allahabad High Court, which was expected to conclude its proceedings within two months.ratio¶5
The case was directed to be listed on 13.11.2025 along with the report of the Mediation Centre before the appropriate Bench.ratio¶6
If the applicants failed to deposit the amount within two weeks, or avoided participating in or delayed the mediation proceedings, coercive measures would be taken against them as required.

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), order dated 26.6.2025 in Application u/S 528 BNSS No. 21194 of 2025 (Rani and 2 Others v. State of U.P. and Another): Applicants sought quashing of the entire proceedings, summoning order dated 11.03.2025 and charge sheet dated 31.05.2025 in Case No. 5129 of 2025 (State Vs. Rani and others), arising out of Case Crime No. 80 of 2024 under Sections 323, 342, 506, 427, 325 I.P.C., P.S. B.B. Nagar, District Bulandshahar. On the submission that the case arose out of a matrimonial dispute with a chance of amicable settlement, the Court directed the applicants to deposit Rs. 25,000/- 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, Rs. 20,000/- of the deposit payable to opposite party no.2 as expenses, and the case referred to the Mediation Centre, to conclude proceedings within two months. Case listed on 13.11.2025 with the mediation report. Interim direction: no coercive action against the applicants till the next date, subject to deposit and participation; default or delay to invite coercive measures. The quashing question was left open.

Court No. - 68

Case :- APPLICATION U/S 528 BNSS No. - 21194 of 2025

Applicant :- Rani And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi 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 quashing the entire proceeding as well as summoning order dated 11.03.2025 as well as charge sheet dated 31.05.2025 in Case No. 5129 of 2025 (State Vs. Rani and others) arising out of Case Crime No. 80 of 2024, under Section 323, 342, 506, 427, 325 I.P.C., Police Station B.B. Nagar, District Bulandshahar.

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 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 . 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 13.11.2025 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 :- 26.6.2025 Aiman

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