Pankaj and 3 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Pankaj and 3 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: matter referred to the Mediation and Conciliation Centre, High Court, Allahabad, and further proceedings of criminal case No. 132 of 2025 stayed till next listing (22.1.2026), conditioned on applicant No. 1 depositing Rs. 30,000/- within two weeks; stay auto-vacates on default or non-participation. Quashing of the proceedings/cognizance order was not finally decided.

Issue for consideration

Whether the entire proceedings of criminal case No. 132 of 2025 and the cognizance/summoning order dated 2.1.2025 should be quashed, and whether the underlying matrimonial dispute can be settled amicably through mediation.

Court's answer

The Court was satisfied, on the basis of the record and submissions, that the litigation admits of resolution through mediation and accordingly referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad.

Ratio / Principle

Further proceedings of criminal case No. 132 of 2025 (arising out of case crime No. 21 of 2024) shall remain stayed till the next date of listing.

Key takeaways

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.ratio¶21
Applicant No. 1 was directed to deposit Rs. 30,000/- within two weeks at the Mediation Centre.ratio¶17
Upon deposit, the Mediation Centre to issue notices to both parties returnable within four weeks; out of the deposit, Rs. 27,000/- to be handed over to the wife on her first appearance towards maintenance and minimum expenses, and Rs. 3,000/- to remain deposited with the Mediation Centre.

Detailed headnote1 paragraphs

Application under Section 528 BNSS (No. 37192 of 2025) by Pankaj and 3 Others seeking quashing of the entire proceedings of criminal case No. 132 of 2025 (arising out of case crime No. 21 of 2024, Sections 406, 323, 504, 506 I.P.C., Police Station Mirhachi, District Etah) and the cognizance/summoning order dated 2.1.2025 pending before the Additional Chief Judicial Magistrate, Court No. 20, Etah. Counsel submitted the matter is a matrimonial dispute and applicant No. 1 (husband) offered Rs. 30,000/- as bona fides. Satisfied that mediation could resolve the matter, the Court (Sanjay Kumar Pachori, J.) referred the case to the Mediation and Conciliation Centre, High Court, Allahabad: applicant No. 1 to deposit Rs. 30,000/- within two weeks (Rs. 27,000/- to the wife on her first appearance for maintenance/minimum expenses; Rs. 3,000/- retained by the Centre); notices returnable within four weeks; mediator given three months to report. Further proceedings of the criminal case were stayed till the next date of listing (22.1.2026, before the appropriate Bench, with the mediator's report); the interim stay stands automatically vacated on failure to deposit or non-participation in mediation. The quashing prayer was not finally adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37192 of 2025

Pankaj And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sudhir Kumar Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Sudhir Kumar Tiwari, learned counsel for the applicants and Shri A.K. Rai, learned A.G.A. 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 criminal case No. 132 of 2025, arising out of case crime No. 21 of 2024, under Sections 406, 323, 504, 506, I.P.C., Police StationMirhachi, District Etah as well as cognizance/summoning order dated 2.1.2025, pending in the court of Additional Chief Judicial Magistrate, Court No. 20, Etah.

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 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. 37192 of 2025

2

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 22.1.2026.

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.

November 6, 2025 T. Sinha

(Sanjay Kumar Pachori,J.)

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