The Court referred a complaint case involving matrimonial disputes and offences under the IPC to the Mediation and Conciliation Centre. It directed the husband to deposit Rs. 30,000 for maintenance and stayed further proceedings pending the mediation outcome.
Referral to Mediation Centre; stay of proceedings; order to deposit Rs. 30,000.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33142 of 2025
Rajkumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
| Counsel for Applicant(s) | : Puneet Kumar |
|---|---|
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Puneet Kumar, learned counsel for the applicants and Shri Pushpraj Singh, 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. 326/9 of 2021 as well as cognizance/summoning order dated 11.4.2022, whereby learned Magistrate took cognizance under Sections 498-A, 323, 506, I.P.C., Police StationKotwali Nagar, District Banda, pending in the court of Civil Judge (Junior Division)/Fast Track Court, Banda.
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
NA528 No. 33142 of 2025
2
Centre, High Court, Allahabad. The applicant No. 1 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 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 8.12.2025.
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.
September 2, 2025 T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the matrimonial dispute involving allegations under Sections 498-A, 323, 506 IPC can be referred to mediation?
1 provisions across 1 enactments
Rajkumar And 2 Others
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
