Nazim vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Nazim vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: no coercive action against the applicant till the next date of listing; conditional referral of the matter to the Mediation and Conciliation Centre, Allahabad High Court upon deposit of Rs. 20,000/-, with notice to opposite party no.2 and Rs. 15,000/- payable to her as expenses; case listed in the week commencing 23.2.2026 with the mediation report. The quashing question itself was not decided at this stage.

Issue for consideration

Whether the impugned summoning order dated 08.10.2025 passed by the Additional Chief Judicial Magistrate, Court No.2, Moradabad in Complaint Case No. 982 of 2024 should be quashed. +1 more

Ratio / Principle

The applicant is directed to deposit Rs. 20,000/- within three weeks through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

Key takeaways

If the deposit is made, notice shall be issued to opposite party no.2 returnable within two weeks, and Rs. 15,000/- out of the deposited amount shall be paid to opposite party no.2 as expenses.ratio¶¶12
The case shall be sent to the Mediation and Conciliation Centre, Allahabad High Court, which is expected to conclude its proceedings within two months.ratio¶¶15
The case is to be listed in the week commencing 23.2.2026, along with the report of the Mediation Centre, before the appropriate Bench.

Detailed headnote1 paragraphs

Application u/s 528 BNSS by Nazim before the Allahabad High Court (Vikram D. Chauhan, J.) seeking quashing of the summoning order dated 08.10.2025 passed by the Additional Chief Judicial Magistrate, Court No.2, Moradabad in Complaint Case No. 982 of 2024 (Smt. Shahana Vs. Nazia and others) under Sections 498A, 323, 506 I.P.C. and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Noting that the matter arises out of a matrimonial dispute capable of amicable settlement, the Court directed the applicant to deposit Rs. 20,000/- within three weeks before the Registrar, Mediation and Conciliation Centre, Allahabad High Court; on such deposit, notice to opposite party no.2 returnable in two weeks with Rs. 15,000/- payable to her as expenses; the case referred to mediation, to conclude within two months; listing in the week commencing 23.2.2026 with the mediation report; and, till then, no coercive action against the applicant, failing compliance with which coercive measures may follow.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42762 of 2025

Nazim

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Rakesh Kumar Mishra
Counsel for Opposite Party(s) :	G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicant and learned A.G.A for the State.

This application has been filed by the applicant for quashing the impugned summoning order dated 08.10.2025 passed by Additional Chief Judicial Magistrate, Court No.2, Moradabad in Complaint Case No. 982 of 2024 (Smt. Shahana Vs. Nazia and others) under Sections 498A, 323, 506 I.P.C. and under Section 3/4 of The Muslim Women (Protection of Rights on Marriage), Act, 2019, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Moradabad.

Learned counsel for the applicant has submitted that present case arises out of a matrimonial dispute and there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties.

In view of above submissions made by learned counsel for the applicant, it is directed that the applicant shall deposit Rs.20,000/- within three weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs.15,000/- out of the aforementioned deposited amount shall be paid to opposite

NA528 No. 42762 of 2025

2

party no.2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months.

List this case in the week commencing 23.2.2026 along with report of Mediation Centre before appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

It is made clear that if the applicant fails to deposit the amount within three weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against him as required.

(Vikram D. Chauhan,J.)

November 4, 2025

VMA

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad