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

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

What the court decided

AI extract

Outcome

Matter referred to the Mediation & Conciliation Centre, High Court, Allahabad subject to conditions (deposit of Rs. 25,000/- by demand draft within two weeks; Rs. 15,000/- to opposite party no.2 on her appearance; Rs. 3,000/- to the Centre; balance Rs. 7,000/- contingent on the mediation outcome); notice to opposite party no.2 with counter affidavit within four weeks and rejoinder within two weeks thereafter; mediation report within two months; and interim stay, till the next date of listing (31.10.2025), of the further proceedings of Criminal Complaint Case No. 1883 of 2018 insofar as they pertain to the applicant, with automatic lapse of the interim protection on non-deposit or non-compliance within two weeks.

Issue for consideration

Whether the matrimonial dispute between the applicant (husband of opposite party no.2) could be settled through the Mediation and Conciliation Centre, High Court, Allahabad, warranting interim stay of the proceedings of Criminal Complaint Case No. 1883 of 2018 against the applicant.

Court's answer

The matter is referred to the Mediation & Conciliation Centre of the Court with the following directions (conditions).

Ratio / Principle

The applicant is directed to deposit Rs. 25,000/- by demand draft in favour of the Registrar General, Allahabad High Court Mediation & Conciliation Centre, within two weeks, with the In charge Mediation and Conciliation Centre, High Court, Allahabad.

Key takeaways

After deposit, the office shall send notice to opposite party no.2 fixing a date to appear before the Centre; of the deposited amount, Rs. 15,000/- is payable to opposite party no.2 on her appearance before the Mediation Centre and Rs. 3,000/- to the Mediation Centre; the remaining Rs. 7,000/- abides the outcome of mediation — to be adjusted if mediation succeeds, and returned to the applicant no.1 within two weeks of the Centre's final order if mediation fails.ratio¶9
The Mediation Centre will submit its report within two months, and the case is to be listed on 31.10.2025 in the additional cause list before the appropriate Bench along with the report of the Mediation and Conciliation Centre, High Court, Allahabad.ratio¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikas Budhwar, J.), Application U/S 528 BNSS No. 23531 of 2025 (Akhtar Ali v. State of U.P. and Another), Order dated 15.7.2025: The applicant, husband of opposite party no.2, contended that the matrimonial dispute stood bright chances of settlement if referred to the Mediation and Conciliation Centre, High Court, Allahabad, and offered Rs. 25,000/- before mediation. The Court referred the matter to the Centre subject to conditions: deposit of Rs. 25,000/- by demand draft in favour of the Registrar General within two weeks; notice to opposite party no.2 after deposit; Rs. 15,000/- payable to her on appearance before the Centre and Rs. 3,000/- to the Centre; the balance Rs. 7,000/- to abide the outcome of mediation (adjusted on success; returned to the applicant within two weeks of the Centre's final order on failure); Centre's report within two months; counter affidavit by opposite party no.2 within four weeks and rejoinder within two weeks thereafter; listing on 31.10.2025 with the report. Till the next date of listing, the further proceedings of Criminal Complaint Case No. 1883 of 2018 (Smt. Anjum Vs. Akhtar Ali), summoning order dated 6.11.2018, Under Sections 498A, 323, I.P.C. and 3/4 D.P. Act, Police Station -Ujhani, DistrictBudaun, pending before the Court of Learned Civil Judge Junior Division/Judicial Magistrate Budaun, are stayed in so far as they pertain to the applicant. Non-deposit or non-compliance within two weeks causes the interim protection to lapse automatically, leaving the court below free to proceed in accordance with law.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 23531 of 2025

Applicant :- Akhtar Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Contention of learned counsel for the applicant is that applicant is the husband of O.P. No.2. Marriage of the applicant stood solemnized before five years from the filing of the complaint. Learned counsel for the applicant on instructions submits that in case the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad there are bright chances and all possibilities of the issue being settled between the parties. Learned counsel for the applicant submits that applicant is agreeable to pay Rs.25,000/- before the mediation.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):-

(a) The applicant is directed to deposit a sum of Rs. 25,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In charge Mediation and Conciliation Centre, High Court, Allahabad.

(b) After deposit of the aforesaid money by the applicant, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.

(c) Out of aforesaid amount, a sum of Rs 15,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation Centre. A sum of Rs. 3,000/- shall be payable to the Mediation Centre.

(d) The rest amount of Rs 7000/- shall be abide by the outcome of mediation.

(e) In case, mediation succeeds, the above amount Rs. 7000/- (rest amount) shall be adjusted accordingly.

(f) In case, mediation fails, the said amount Rs. 7000/- (rest

amount) shall be returned to the applicant no.1 within two weeks from the date of final order passed by the mediation centre.

(g) The Mediation Centre will submit its report in the matter within two months.

In addition to the same issue notice to the opposite party no. 2.

Opposite Party no.2 shall file its counter affidavit within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

List this case on 31.10.2025 in the additional cause list before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.

Till the next date of listing, the further proceedings of Criminal Complaint Case No. 1883 of 2018 in Summoning order dated 6.11.2018, (Smt. Anjum Vs. Akhtar Ali), Under Sections 498A, 323, I.P.C. and 3/4 D.P. Act, Police Station -Ujhani, DistrictBudaun, presently pending before the Court of Learned Civil Judge Junior Division/ Judicial Magistrate Budaun, in so far as it pertains to the applicant shall remain stayed.

It is made clear that in case, the said amount, as directed above, is not deposited by the applicant within a period of two weeks and any condition so entrusted upon the applicant is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicant in accordance with law.

Order Date :- 15.7.2025 piyush

Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad