Smt. Priya Katiyar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt. Priya Katiyar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter referred to the Mediation & Conciliation Centre (notices to both parties; report within two months); interim direction that no coercive measures shall be taken against the applicant in Complaint Case No. 5188 of 2023 till the next date of listing; to be connected and relisted with Application u/s 528 BNSS No. 26763 of 2025 on 17.12.2025 along with the mediation report. The prayer to quash the summoning order remains undecided at this stage.

Issue for consideration

Whether the summoning order dated 19.04.2025 passed by the Additional Chief Judicial Magistrate, Court No. 2, Kanpur Nagar, and the entire proceedings of Complaint Case No. 5188 of 2023 (Sections 325, 504 IPC, P.S. Kalyanpur, Kanpur Nagar) should be quashed. +1 more

Ratio / Principle

The matter is referred to the Mediation & Conciliation Centre of the Court, with the direction that it may be tried to be resolved after giving notices to both the parties.

Key takeaways

The Mediation Centre is to submit its report within two months.ratio¶13
The application is to be connected and listed with Application u/s 528 BNSS No. 26763 of 2025 (Vishal and 2 others vs. State of U.P. and Another) on 17.12.2025 in the daily cause list before the appropriate Bench, along with the report of the Mediation Centre.ratio¶14
As an interim measure, till the next date of listing, no coercive measures shall be taken against the applicant in Complaint Case No. 5188 of 2023.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 39324 of 2025, Smt. Priya Katiyar v. State of U.P. and Anr., order dated October 17, 2025. The applicant sought quashing of the summoning order dated 19.04.2025 passed by the Additional Chief Judicial Magistrate, Court No. 2, Kanpur Nagar and of the entire proceedings of Complaint Case No. 5188 of 2023 (Vishal Kushwaha Vs. Priya Katiyar and Others) under Sections 325, 504 IPC, Police Station Kalyanpur, District Kanpur Nagar. Since the parties' dispute in a separate matrimonial case had already been referred to the Mediation and Conciliation Centre, learned counsel requested that this matter also be referred there for amicable settlement. The Court accordingly referred the matter to the Mediation & Conciliation Centre with direction to resolve it after giving notices to both parties and to submit its report within two months; ordered the file connected and listed with Application u/s 528 BNSS No. 26763 of 2025 (Vishal and 2 others vs. State of U.P. and Another) on 17.12.2025 in the daily cause list before the appropriate Bench along with the mediation report; and directed that till the next date of listing no coercive measures shall be taken against the applicant in the said complaint case. The quashing prayer was not adjudicated at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39324 of 2025

Smt. Priya Katiyar

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Krishna Dutt Awasthi
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed with a prayer to quash the summoning order dated 19.04.2025 passed by Additional Chief Judicial Magistrate, Court No. 2, Kanpur Nagar as well as entire proceeding of Complaint Case No. 5188 of 2023 (Vishal Kushwaha Vs. Priya Katiyar and Others) under Sections 325, 504 I.P.C, Police Station-Kalyanpur, District-Kanpur Nagar.

Learned counsel for the applicant submits that the dispute between the parties in separate matrimonial case has already been referred to the Mediation and Conciliation Centre, therefore, the instant matter be also referred to the Mediation and Conciliation Centre of this Court for amicably settlement of the dispute.

Accordingly, the matter is referred to the Mediation & Conciliation Centre of this Court with the direction that same may be tried to be resolved after giving notices to both the parties. The Mediation Centre will submit its report within two months in the matter.

Connect and list with Application u/s 528 BNSS No. 26763 of 2025 (Vishal and 2 others vs. State of U.P. and Another) on 17.12.2025 in the daily cause list before the appropriate Bench alongwith the report of Mediation Centre.

NA528 No. 39324 of 2025

2

Till the next date of listing, no coercive measures shall be taken against the applicant in Complaint Case No. 5188 of 2023 (Vishal Kushwaha Vs. Priya Katiyar and Others) under Sections 325, 504 I.P.C, Police StationKalyanpur, District-Kanpur Nagar.

(Nand Prabha Shukla,J.)

October 17, 2025

Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad