Mohd Salman and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mohd Salman and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application not decided on merits; matter referred to the Mediation and Conciliation Centre, High Court, Allahabad, with applicant No. 1 to deposit Rs. 30,000/- within three weeks (Rs. 27,000/- to the wife on her first appearance towards maintenance and minimum expenses; Rs. 3,000/- retained by the Centre); mediator to report within three months; further proceedings of complaint case No. 2191 of 2019 stayed till next listing; case to be put up fresh before the appropriate Bench with the mediator's report on 17.12.2025; interim stay to auto-vacate on default in deposit or non-participation; case not to be treated as tied up or part heard.

Issue for consideration

Whether the entire proceedings of complaint case No. 2191 of 2019 and the cognizance/summoning order dated 31.1.2025 passed under Section 498-A, I.P.C. should be quashed. +1 more

Court's answer

Till the next date of listing, further proceedings of complaint case No. 2191 of 2019 shall remain stayed.

Ratio / Principle

On the basis of the record and submissions, the Court was satisfied 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 was referred to the Mediation and Conciliation Centre, High Court, Allahabad, conditional upon applicant No. 1 depositing Rs. 30,000/- within three weeks at the Mediation Centre; on deposit, notices were to issue to both parties returnable within four weeks.ratio¶17
The mediator was allowed three months' time to find a possible solution to the dispute and to send his report to the court on the outcome of the mediation.ratio¶18
In case of default in depositing the ordered amount or non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application under Section 528, Bhartiya Nagrik Suraksha Sanhita, 2023 by Mohd Salman and 2 others seeking quashing of the entire proceedings of complaint case No. 2191 of 2019 (Section 498-A, I.P.C., P.S. Sikohabad, District Firozabad) and the cognizance/summoning order dated 31.1.2025 passed by the Additional Chief Judicial Magistrate, Outlying Court Sikohabad. Treating the matter as a matrimonial dispute amenable to amicable settlement, the Court referred it to the Mediation and Conciliation Centre, High Court, Allahabad, conditional on applicant No. 1 depositing Rs. 30,000/- within three weeks — Rs. 27,000/- to be handed to the wife on her first appearance towards maintenance and minimum expenses and Rs. 3,000/- retained by the Centre. Notices to both parties returnable within four weeks; mediator allowed three months to report. Further proceedings stayed till the next listing (fresh put-up with mediator's report on 17.12.2025); the interim stay stands automatically vacated on default in deposit or non-participation in mediation. Case not treated as tied up or part heard to the Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37140 of 2025

Mohd Salman And 2 Others

.....Applicant(s)

State of U.P. and Another

Versus .....Opposite Party(s)

Counsel for Applicant(s)	: Mahendra Kumar Yadav	Yadav, Vinod Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Vinod Kumar Yadav, learned counsel for the applicants and Shri B.N. Upadhyay, 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. 2191 of 2019 as well as cognizance/summoning order dated 31.1.2025, whereby learned magistrate took cognizance under Section 498-A, I.P.C., Police Station- Sikohabad, District Firozabad, pending in the court of Additional Chief Judicial Magistrate, Outlying Court Sikohabad, Firozabad.

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. 37140 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 17.12.2025.

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 24, 2025 T. Sinha

(Sanjay Kumar Pachori,J.)

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