Barkat Ali and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Barkat Ali and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Conditional interim relief only: no coercive action against the applicants till the next date of listing (9.12.2025), contingent on deposit of Rs.25,000/- within three weeks and participation in mediation; case referred to the Mediation and Conciliation Centre, Allahabad High Court (to conclude within two months), with Rs.20,000/- of the deposit payable to opposite party no. 2 as expenses; the quashing question itself left to be reconsidered with the mediation report.

Issue for consideration

Whether the charge sheet dated 19.09.2024, the summoning order dated 11.12.2024 and the entire proceedings against the applicants in Case No.26665 of 2024 (State Versus Barkat Ali and others), arising from Case Crime No. 325 of 2024, should be quashed. +1 more

Court's answer

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

Ratio / Principle

The Court directed the applicants to deposit Rs.25,000/- within three weeks from the date of the order, 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¶9
Rs.20,000/- 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, which is expected to conclude its proceedings within two months.ratio¶9
The case shall be listed on 9.12.2025, along with the report of the Mediation Centre, before the appropriate Bench.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 76), Hon'ble Vikram D. Chauhan, J.; Order dated 7.7.2025 on Application U/S 528 BNSS No. 21255 of 2025 (Barkat Ali and 4 others v. State of U.P. and another). Applicants sought quashing of the charge sheet dated 19.09.2024, the summoning order dated 11.12.2024 and the entire proceedings in Case No.26665 of 2024 (State Versus Barkat Ali and others), arising from Case Crime No. 325 of 2024 under Sections 498A, 323, 504, 506, 354, 354Ka I.P.C. and Section 3/4 D.P. Act, P.S. Khatauli, District Muzaffar Nagar. Acting on counsel's representation that the matrimonial dispute was amicably settleable, the Court did not decide the quashing question but directed: (i) deposit of Rs.25,000/- within three weeks by bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; (ii) on deposit, notice to opposite party no. 2 returnable in two weeks and payment of Rs.20,000/- out of the deposit to opposite party no. 2 as expenses; (iii) reference of the case to the Centre, to conclude within two months; (iv) listing on 9.12.2025 with the Centre's report before the appropriate Bench; (v) no coercive action against the applicants till the next date; and (vi) failure to deposit, participate, or delay in mediation to attract coercive measures.

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 21255 of 2025

Applicant :- Barkat Ali And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Dubey 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 charge sheet dated 19.09.2024 and summoning order dated 11.12.2024 as well as entire proceeding against applicants in Case No.26665 of 2024 (State Versus Barkat Ali and others) Case Crime No. 325 of 2024, under Sections 498A, 323, 504, 506, 354, 354Ka I.P.C. and Section 3/4 D.P. Act, P.S. Khatauli, District Muzaffar Nagar.

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 9.12.2025 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