Disposed¶17

Mohd. Iqbal and Another v. State of U.P. and Another

Allahabad HC9 Dec 2025NA528/46748/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing of charge-sheet and cognizance order; matrimonial dispute; reference to Mediation & Conciliation Centre Allahabad High Court; interim protection from coercive action; conditional deposit Rs. 35,000/-; Sections 498A, 323, 504, 506 IPC; Sections 3/4 Dowry Prohibition Act; Sections 3/4 Muslim Women (Protection of Rights on Marriage) Act 2019; Case Crime No. 29 of 2024; Criminal Case No. 39782 of 2024; Chief Judicial Magistrate Aligarh; Tej Pratap Tiwari, J.; December 9, 2025.

What did the court decide?

Matter referred to the Mediation & Conciliation Centre with report due in three months; applicants granted interim protection from coercive action till next listing, conditional on deposit of Rs. 35,000/- within two weeks; the quashing question remains open pending the mediation report and counter affidavit.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned charge-sheet dated 20.09.2024 and order taking cognizance dated 19.12.2024 passed by the Chief Judicial Magistrate, Aligarh ought to be quashed under Section 528 BNSS. +1 more

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Court's answer

As interim protection, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

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Ratio / Principle

The Court was satisfied, on the basis of the record and the submissions before it, 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.

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Key takeaways

The matter is referred to the Mediation & Conciliation Centre of the Court.ratio¶15
The applicants were directed to deposit Rs. 35,000/- by way of Demand Draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks.ratio¶15
Out of the deposited Rs. 35,000/-, Rs. 30,000/- shall be payable to opposite party no. 2 on her appearance before the Mediation and Conciliation Centre, and the remaining Rs. 5,000/- to the Centre.

Detailed headnote1 paragraphs

Application under Section 528 BNSS (No. 46748 of 2025) by Mohd. Iqbal and another seeking quashing of charge-sheet No. 265 of 2024 dated 20.09.2024 and order taking cognizance dated 19.12.2024 passed by the Chief Judicial Magistrate, Aligarh in Criminal Case No. 39782 of 2024, arising out of Case Crime No. 29 of 2024 under Sections 498A, 323, 504, 506 IPC, Sections 3/4 D.P. Act and Sections 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Civil Lines, District Aligarh. Held: the matter, being a matrimonial dispute with a chance of resolution through mediation, was referred to the Mediation & Conciliation Centre of the High Court; applicants to deposit Rs. 35,000/- by Demand Draft/pay order within two weeks (Rs. 30,000/- to opposite party no. 2 on her appearance, Rs. 5,000/- to the Centre); office to notify opposite party no. 2 to file counter affidavit after deposit; mediation report within three months; case to be relisted after three months with the report; till then no coercive action against the applicants; stay to lapse automatically on non-deposit.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 46748 of 2025

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Mohd. Iqbal And Another

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.....Applicant(s)

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Versus

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

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Court No. - 79

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HON'BLE TEJ PRATAP TIWARI, J.

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Heard Mr. Arun Kumar Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application under Section 528 of BNSS has been filed to quash the impugned charge-sheet dated 20.09.2024, being Charge-sheet No. 265 of 2024 and order taking cognizance dated 19.12.2024 passed by the Chief Judicial Magistrate, Aligarh in Criminal Case No. 39782 of 2024 (State vs. Mohd. Iqbal and Another), arising out of Case Crime No. 29 of 2024, under Section 498A, 323, 504, 506 of I.P.C., and 3/4 D.P. Act, and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Civil Lines, District Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh.

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Learned counsel for the applicant submits that the matter relates to matrimonial dispute and in case, the matter is referred for mediation, the parties may get an opportunity to amicably settle their dispute. He, therefore, submits that in view of the peculiar facts and circumstances of the present case, it will be in the interest of both the parties that the party may be referred for mediation to the Mediation Centre, High Court, Allahabad.

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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.

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NA528 No. 46748 of 2025

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Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court, applicants are directed to deposit a sum of Rs.35,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today. After deposit of the aforesaid amount, office shall send a notice to the opposite party no.2 calling upon her to file counter affidavit. Out of Rs.35,000/-, Rs.30,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation and Conciliation Centre and remaining Rs.5,000/- shall be payable to the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.

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