Abdul Moid and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abdul Moid and 5 Others 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, conditioned on applicant No. 1 depositing Rs. 30,000/- within two weeks (Rs. 27,000/- to the wife on her first appearance towards maintenance and minimum expenses; Rs. 3,000/- retained by the Centre), with notices returnable in four weeks; interim stay of further proceedings of complaint case No. 1445 of 2022 till the next date of listing, automatically vacated on default in deposit or non-participation; the quashing prayer itself was not decided and the case is to be listed fresh with the mediator's report on 19.11.2025.

Issue for consideration

Whether the matrimonial-dispute proceedings (complaint case No. 1445 of 2022 and the cognizance/summoning order dated 5.9.2016 under Sections 498-A, 323, 504 IPC) should be referred to mediation, with interim stay of further proceedings pending the mediation outcome.

Court's answer

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

Ratio / Principle

The matter is referred to the Mediation and Conciliation Centre, High Court, Allahabad; applicant No. 1 is to deposit Rs. 30,000/- within two weeks at the Mediation Centre; on deposit, the Centre will issue notices to both parties returnable within four weeks; out of the deposit, Rs. 27,000/- is to be handed over to the wife on her first appearance towards her maintenance and minimum expenses, and Rs. 3,000/- is to remain deposited with the Mediation Centre.

Key takeaways

Till the next date of listing, further proceedings of the aforesaid complaint case shall remain stayed.ratio¶14
In case of default in depositing the amount as ordered, or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.ratio¶15
The mediator is allowed three months' time to find out a possible solution of the dispute between the parties and to send his report to the court regarding the outcome of the mediation.

Detailed headnote1 paragraphs

Application under S. 528 BNSS 2023 by Abdul Moid and 5 others to quash the entire proceedings of complaint case No. 1445 of 2022 and the cognizance/summoning order dated 5.9.2016 (Sections 498-A, 323, 504 IPC; P.S. Jeanpur, District Azamgarh), pending before the Civil Judge (Junior Division)/Fast Track Court, Azamgarh, arising out of a matrimonial dispute. Counsel for the applicants offered a deposit of Rs. 30,000/- and sought referral to mediation. Satisfied that there was a chance of resolving the matter through mediation, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad; directed applicant No. 1 to deposit Rs. 30,000/- within two weeks (Rs. 27,000/- to be handed to the wife on her first appearance towards maintenance and minimum expenses; Rs. 3,000/- to remain with the Centre), with notices returnable within four weeks; allowed the mediator three months to report; stayed further proceedings till the next date of listing, with automatic vacatur of the stay on default in deposit or non-participation; and fixed fresh listing with the mediator's report for 19.11.2025, clarifying that the case is not tied up or part-heard. (Hon'ble Sanjay Kumar Pachori, J.; order dated 11.8.2025.)

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 29329 of 2025

Applicant :- Abdul Moid And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Yadav,Sandeep Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Ravindra Kumar Yadav, learned counsel for the applicants and Shri Rahul Pandey, learned brief holder for the State are present.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of complaint case No. 1445 of 2022 as well as cognizance/summoning order dated 5.9.2016, whereby learned magistrate took cognizance under Sections 498-A, 323, 504, I.P.C., Police Station- Jeanpur, District Azamgarh, pending in the court of Civil Judge (Junior Division)/Fast Track Court, Azamgarh.

Learned counsel for the applicants submits that the matter relates to matrimonial dispute and applicant No. 1 (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 No. 1 is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicants 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 No. 1 will deposit Rs. 30,000/- within two 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 before the appropriate Bench along with report of the mediator on 19.11.2025.

Till the next date of listing, further proceedings of the aforesaid case 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.

This case shall not be treated as tied up or part heard to this Bench.

Order Date :- 11.8.2025 T. Sinha

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad