Vinay Kumar Kushwaha and 3 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Vinay Kumar Kushwaha and 3 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim directions only; final decision deferred. Applicants to deposit Rs. 15,000/- within three weeks by bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; on deposit, notice to opposite party no. 2 returnable within two weeks and Rs. 10,000/- of the deposit payable to the wife of applicant no. 1 as expenses; case referred to the Mediation Centre, expected to conclude within two months; case listed for 3.12.2025 with the mediation report; no coercive action against the applicants till the next date of listing; coercive measures if the deposit is not made or mediation is avoided or delayed.

Issue for consideration

Whether the Charge Sheet No. 01/2022, the entire proceeding of Criminal Case No. 143/2025 and the cognizance order dated 09.04.2025 in Case Crime No. 211/2022 should be quashed on the basis of compromise between the parties. +1 more

Ratio / Principle

Applicants are directed to deposit Rs. 15,000/- within three weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

Key takeaways

In case the aforesaid amount is deposited, notice shall be issued to opposite party no. 2 returnable within a period of two weeks.ratio¶9
Rs. 10,000/- out of the deposited amount shall be paid to the wife of applicant no. 1 as expenses.ratio¶9
The case shall be sent to the Mediation and Conciliation Centre, Allahabad High Court.ratio

Detailed headnote1 paragraphs

Allahabad High Court, interim order dated 25.7.2025 by Hon'ble Vikram D. Chauhan, J., on Application U/S 528 BNSS No. 26569 of 2025 by Vinay Kumar Kushwaha and 3 others (counsel: Rajesh Shukla) versus State of U.P. and another. Applicants sought quashing of Charge Sheet No. 01/2022 dated 09.07.2022 (Case Crime No. 211/2022, Sections 498-A, 323, 504, 506 I.P.C, Police Station-Karari, District-Kaushambi), the entire proceeding of Criminal Case No. 143/2025, and the cognizance order dated 09.04.2025 of Civil Judge (Junior Division)/Fast Track Court, First, Kaushambi, on the basis of compromise; counsel represented the case as a matrimonial dispute with every chance of amicable settlement outside the Court. Nothing was quashed finally: the court directed deposit of Rs. 15,000/- within three weeks by bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; notice to opposite party no. 2 returnable within two weeks upon deposit; payment of Rs. 10,000/- of the deposit to the wife of applicant no. 1 as expenses; referral to the Mediation Centre, expected to conclude within two months; listing on 3.12.2025 with the mediation report; no coercive action till the next date of listing, with coercive measures triggered by non-deposit, non-participation or delay. No precedent is cited; the quashing question stands deferred pending the mediation report.

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 26569 of 2025

Applicant :- Vinay Kumar Kushwaha And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Shukla 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 Number 01/2022 dated 09.07.2022 in Case Crime No. 211/2022 under Sections 498-A, 323, 504 and 506 I.P.C Police Station-Karari, District- Kaushambi as well as entire proceeding of Criminal Case No. 143/2025 (State Versus Vinay Kumar Kushwaha and others) in Case Crime No. 211/2022 under Sections 498A, 323, 504 and 506 I.P.C Police Station- Karari, District- Kaushambi and cognizance order dated 09.04.2025 passed by Civil Judge (Junior Division)/Fast Track Court, First, Kaushambi in the aforesaid case which is pending in the court of Civil Judge (Junior Division)/Fast Track Court, First, Kaushambi, on the basis of compromise between the parties.

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.15,000/- 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.10,000/- out of the aforementioned deposited amount shall be paid to wife of applicant no.1 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 3.12.2025 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 :- 25.7.2025

D. Tamang

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