Mohammad Asim vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mohammad Asim vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Referral of the matter to the Mediation and Conciliation Centre, High Court, Allahabad, conditional on the applicant depositing Rs.30,000/- within three weeks; interim stay of proceedings in Complaint Case No.37376 of 2022 against the applicant until the next date (30.10.2025), with automatic vacatur of the stay on default in deposit or non-participation in mediation. The quashing application itself was neither finally allowed nor dismissed at this stage.

Issue for consideration

Whether the litigation between the parties (described as a matrimonial dispute) admits of resolution through mediation, so that an attempt to explore that possibility ought to be made. +1 more

Court's answer

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

Ratio / Principle

Accordingly, the matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad.

Key takeaways

If the applicant deposits the amount within three weeks, the Mediation Centre will issue notices to both parties returnable within four weeks.ratio¶¶9
Of the deposited amount, Rs.27,000/- is to be handed over to the wife (opposite party no.2) on her first appearance, towards her maintenance and minimum expenses.ratio¶¶9
Rs.3,000/- of the deposit is to remain deposited with the Mediation Centre.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), order dated 21.7.2025 in Application u/s 528 BNSS No. 24435 of 2025 (applicant Mohammad Asim): sought quashing of the bailable warrant dated 16.06.2025 issued by Additional Civil Judge (Junior Division), Court No.5 Moradabad in Complaint Case No.37376 of 2022 under Sections 452, 323 IPC (Police Station Bilari, District Moradabad), arising from a matrimonial dispute. Finding scope for amicable resolution, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad: applicant to deposit Rs.30,000/- within three weeks; on deposit, notices to both parties returnable within four weeks; Rs.27,000/- to be handed to the wife (opposite party no.2) on her first appearance towards maintenance and minimum expenses, Rs.3,000/- remaining with the Centre; mediator given three months to report the outcome. Proceedings of the complaint case stayed against the applicant till the next hearing fixed for 30.10.2025; the interim stay automatically vacates on default in deposit or non-participation in mediation.

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 24435 of 2025

Applicant :- Mohammad Asim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Babu Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Ram Babu, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

The present application under Section 528 BNSS has been filed to quash the bailable warrant dated 16.06.2025 issued by Additional Civil Judge (Junior Division), Court No.5 Moradabad in Complaint Case No.37376 of 2022, under Sections 452, 323 IPC, Police Station Bilari, District Moradabad.

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 (opposite party no.2) 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 (opposite party no.2) 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 30.10.2025 along with report of the mediator.

Till the next date of listing, proceeding of Complaint Case No.37376 of 2022, under Sections 452, 323 IPC, Police Station Bilari, District Moradabad, shall remain stayed against the applicant.

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 :- 21.7.2025 Sanjeet

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