Deepak Kumar and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Deepak Kumar and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Complaint Case No. 213 of 2023 (Soni vs. Deepak Kumar and others) till the next date of listing; matter referred to the Mediation and Conciliation Centre, High Court, Allahabad, with the applicant to deposit Rs. 30,000/- within two weeks (Rs. 27,000/- to the wife on her first appearance, Rs. 3,000/- retained by the Centre); case to be listed afresh along with the mediator's report on 17.12.2025; interim stay to stand automatically vacated on default in deposit or non-participation in mediation.

Issue for consideration

Whether the entire proceedings in Complaint Case No. 213 of 2023 (Soni vs. Deepak Kumar and others) under Sections 498-A, 504, 506 IPC, pending before the Additional Chief Judicial Magistrate/FTC, Auraiya, should be quashed. +1 more

Court's answer

Till the next date of listing, the proceedings of Complaint Case No. 213 of 2023 (Soni vs. Deepak Kumar and others) under Sections 498-A, 504, 506 IPC shall remain stayed; the case is to be listed before the appropriate Bench along with the mediator's report on 17.12.2025 as a fresh case.

Ratio / Principle

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

Key takeaways

The matter is referred to the Mediation and Conciliation Centre, High Court, Allahabad.ratio¶13
The applicant shall deposit Rs. 30,000/- within two weeks at the Mediation Centre; upon deposit, notices will issue to both parties returnable within four weeks; Rs. 27,000/- is to be handed over to the wife on her first appearance towards maintenance and minimum expenses, and Rs. 3,000/- remains deposited with the Mediation Centre.ratio¶16
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 mediation.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 74; Hon'ble Sanjay Kumar Pachori, J.) — Application U/S 528 BNSS No. 36924 of 2025, decided September 24, 2025. Deepak Kumar and 3 others filed an application under Section 528 BNSS to quash the entire proceedings in Complaint Case No. 213 of 2023 (Soni vs. Deepak Kumar and others), under Sections 498-A, 504, 506 IPC, P.S. Dibiyapur, District Auraiya, pending before the Additional Chief Judicial Magistrate/FTC, Auraiya. Learned counsel for the applicants submitted that the matter relates to a matrimonial dispute; applicant no. 1 (husband) was ready and willing to settle amicably and keep his wife with him, offering Rs. 30,000/- to be handed to the wife (opposite party no. 2) on her first appearance, and sought reference to the Mediation Centre. Satisfied that the nature of the litigation afforded a chance of resolution through mediation, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad, directing deposit of Rs. 30,000/- within two weeks, of which Rs. 27,000/- was to be handed to the wife on her first appearance towards maintenance and minimum expenses and Rs. 3,000/- retained by the Centre; notices were to be returnable within four weeks, and the mediator was allowed three months to report the outcome. Till the next date of listing, the proceedings of the complaint case were stayed, with the case to be listed before the appropriate Bench along with the mediator's report on 17.12.2025 as a fresh case. The interim stay was to stand automatically vacated on default in deposit or non-participation of the applicant in mediation. The case was not to be treated as tied up or part heard.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 36924 of 2025

Deepak Kumar And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Raghuraj Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Raghuraj Singh, learned counsel for the applicants and Sri A.K. Rai, learned A.G.A. for the State are present.

The present application U/S 528 BNSS has been filed to quash the entire proceedings in Complaint Case No. 213 of 2023 (Soni vs. Deepak Kumar and others), under Sections 498-A, 504, 506 IPC, P.S. Dibiyapur, District Auraiya, pending in the court of Additional Chief Judicial Magistrate/FTC, Auraiya.

Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant no. 1 (husband) is ready and willing to settle the dispute amicably and keep his wife with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the opposite party no. 2 (wife) 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

NA528 No. 36924 of 2025

2

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.

List this case before the appropriate Bench along with report of the mediator on 17.12.2025 as a fresh.

Till the next date of listing, proceeding of Complaint Case No. 213 of 2023 (Soni vs. Deepak Kumar and others), under Sections 498-A, 504, 506 IPC, P.S. Dibiyapur, District Auraiya, pending in the court of Additional Chief Judicial Magistrate/FTC, Auraiya 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 Court.

September 24, 2025

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad