Avishek Das vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Avishek Das vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Complaint Case No. 4656 of 2023 (Monika Kapoor Vs. Avishek Das) under Sections 323, 504, 506, 406, 420 IPC pending before the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad till the next date of listing; matter referred to the Mediation and Conciliation Centre, High Court, Allahabad with a deposit of Rs. 30,000/- within three weeks (Rs. 27,000/- to the wife on her first appearance; Rs. 3,000/- retained by the Centre); mediator allowed three months to report; fresh listing on 28.10.2025 with the mediator's report; interim stay to auto-vacate on default in deposit or non-participation in mediation.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 4656 of 2023 (Monika Kapoor Vs. Avishek Das) under Sections 323, 504, 506, 406, 420 IPC, pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad, together with the order dated 04.04.2024, are to be set aside. +1 more

Court's answer

The matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad; the applicant was directed to deposit Rs. 30,000/- within three weeks at the Centre, on receipt of which notices were to issue to both the parties returnable within four weeks; of the deposit, Rs. 27,000/- was to be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses, and Rs. 3,000/- was to remain deposited with the Mediation Centre.

Ratio / Principle

The Court was satisfied, on the basis of the record and the submissions made before it, that the nature of the litigation was such that there remained a chance to resolve the matter through the process of mediation and that an attempt ought to be made to explore that possibility.

Key takeaways

The mediator was allowed three months' time to find a possible solution to the dispute between the parties and to send his report to the court regarding the outcome of the mediation.ratio¶11
Till the next date of listing, the proceedings of Complaint Case No. 4656 of 2023 (Monika Kapoor Vs. Avishek Das) under Sections 323, 504, 506, 406, 420 IPC, pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad, were to remain stayed; the case was to be put up afresh on 28.10.2025 along with the mediator's report.ratio¶13

Detailed headnote1 paragraphs

MEDIATION REFERRAL - MATRIMONIAL DISPUTE - INTERIM STAY CONDITIONAL ON DEPOSIT AND PARTICIPATION. On an application under Section 528 BNSS (No. 22698 of 2025) by the husband seeking to set aside the entire proceedings of Complaint Case No. 4656 of 2023 (Monika Kapoor Vs. Avishek Das) under Sections 323, 504, 506, 406, 420 IPC pending before the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad, and the order dated 04.04.2024, the Court, satisfied that the matrimonial dispute admitted of resolution through mediation, referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant was directed to deposit Rs. 30,000/- within three weeks; on deposit, notices were to issue to both parties returnable within four weeks; Rs. 27,000/- to be handed to the wife on her first appearance towards maintenance and minimum expenses, Rs. 3,000/- retained by the Centre; the mediator was allotted three months to report the outcome. Till the next date of listing the complaint-case proceedings stand stayed, with the stay to be automatically vacated on default in deposit or non-participation in mediation. Fresh listing on 28.10.2025 with the mediator's report. (Order dated 15.7.2025 - Hon'ble Sanjay Kumar Pachori, J.)

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 22698 of 2025

Applicant :- Avishek Das Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Prashant Sharma, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to set-aside the entire proceedings as Complaint Case No. 4656 of 2023 (Monika Kapoor Vs. Avishek Das) under Sections 323, 504, 506, 406, 420 of Indian Penal Code, registered at Police Station- Kavinagar, District- Ghaziabad pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad as well as order dated 04.04.2024.

Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant will deposit Rs.30,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs.27,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs.3,000/- will remain deposited with the Mediation

Centre.

The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

Put up this case as fresh on 28.10.2025 along with report of the mediator.

Till the next date of listing, proceeding of Complaint Case No. 4656 of 2023 (Monika Kapoor Vs. Avishek Das) under Sections 323, 504, 506, 406, 420 of Indian Penal Code, registered at Police Station- Kavinagar, District- Ghaziabad pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad shall remain stayed.

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

Order Date :- 15.7.2025 Ishan

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad