Firoz and 6 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Firoz and 6 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: applicants to deposit Rs.25,000/- within three weeks; on deposit, notice to opposite party no.2 and referral to Mediation and Conciliation Centre, Allahabad High Court (Rs.20,000/- to opposite party no.2 as expenses); no coercive action against applicants till next date of listing (16.12.2025), subject to deposit and participation in mediation.

Issue for consideration

Whether the impugned charge sheet dated 24.12.2024, the summoning/cognizance order dated 11.04.2025 passed by the Special Chief Judicial Magistrate, District Agra, and the entire proceedings of Case No. 8010 of 2025 (arising out of Case Crime No. 190 of 2024) should be quashed. +1 more

Ratio / Principle

The applicants are directed to deposit Rs.25,000/- within three weeks through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

Key takeaways

Upon deposit of the amount, notice is to be issued to opposite party no.2 returnable within two weeks; Rs.20,000/- out of the deposited amount is to be paid to opposite party no.2 as expenses; the case is to 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 is to be listed on 16.12.2025 along with the report of the Mediation Centre before the appropriate Bench.ratio¶11
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Detailed headnote1 paragraphs

Interim order on an application under S. 528 BNSS (Application No. 23735 of 2025) by Firoz and 6 others seeking quashing of the charge sheet dated 24.12.2024 and summoning/cognizance order dated 11.04.2025 passed by the Special Chief Judicial Magistrate, District Agra, and of the entire proceedings in Case No. 8010 of 2025 (State Versus Firoz and others) arising out of Case Crime No. 190 of 2024, P.S. Shahganj, District Agra, under Sections 498A, 323, 504, 506, 452 IPC and Section 3/4 of the Dowry Prohibition Act (with Sections 354, 354kha IPC additionally for Applicant nos. 6 & 7). Counsel submitted the matter arises out of a matrimonial dispute capable of amicable settlement. The Court directed the applicants to deposit Rs.25,000/- within three weeks before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; on such deposit, notice to opposite party no.2 returnable within two weeks, Rs.20,000/- of the deposit to be paid to opposite party no.2 as expenses, and the case referred to the Mediation Centre, to conclude within two months. Matter listed on 16.12.2025 with the mediation report. No coercive action against the applicants till the next date; failure to deposit or to participate in/delay of mediation to attract coercive measures.

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 23735 of 2025

Applicant :- Firoz And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditi Tripathi,Vijay Tripathi 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 impugned charge sheet dated 24.12.2024 and summoning/cognizance order dated 11.04.2025 passed by Special Chief Judicial Magistrate, District Agra as well as entire proceedings of Case No. 8010 of 2025 (State Versus Firoz and others) arising out of Case Crime No. 190 of 2024, under Sections 498A, 323, 504, 506, 452 IPC & Section 3/4 of Dowry Prohibition Act (for Applicant nos. 1 to 5) and Sections 498-A, 323, 504, 506, 452, 354, 354kha IPC & Section 3/4 of Dowry Prohibition Act (for Applicant nos. 6 & 7), Police Station Shahganj, District Agra pending in the Court of Special Chief Judicial Magistrate, District Agra.

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 16.12.2025 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 :- 9.7.2025 D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad