Abhishek Bhatia and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Abhishek Bhatia and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application not finally decided; matter referred to the Mediation Centre, High Court Allahabad, subject to deposit of Rs.35,000/- within three weeks (Rs.30,000/- to opposite party no.2 on her appearance, Rs.5,000/- retained by the Mediation Centre); interim protection from coercive action till next date of listing upon filing the deposit receipt before the court below; matter listed in week commencing 28.07.2025 with the Mediation Centre report.

Issue for consideration

Whether the cognizance/summoning order dated 21.10.2024 and the entire proceedings of Case No. 5070/2024 (Case Crime No. 530/2024) should be quashed. +1 more

Court's answer

If the applicants file the receipt of the deposit before the court below, no coercive action shall be taken against them in the aforesaid case till the next date of listing; if they fail to submit the receipt, the court below would be free to proceed against them.

Ratio / Principle

The matter is referred to the Mediation Centre, High Court Allahabad, subject to the applicants depositing Rs.35,000/- within three weeks, out of which Rs.30,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre and the balance Rs.5,000/- retained by the Mediation Centre towards its expenses.

Key takeaways

The interim order operates only till the next date of listing; if the applicants fail to produce any order of this Court extending the interim order after the date fixed, the court below would be free to proceed against them.ratio¶16
Notice is to be issued to opposite party no.2; after deposit of the amount, notices shall be issued to the parties fixing a date for mediation, the Mediation Centre shall endeavour to conclude proceedings expeditiously, and the matter is to be listed in the week commencing 28.07.2025 along with the Mediation Centre report.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.) — Application under S. 528 BNSS No. 5444 of 2025 (Abhishek Bhatia and 2 others v. State of U.P. and another), order dated 8.4.2025: Applicants sought quashing of the cognizance/summoning order dated 21.10.2024 and entire proceedings of Case No. 5070/2024 (Case Crime No. 530/2024, P.S. Nandgram, District Ghaziabad) under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Contending that the offence was matrimonial in nature, counsel sought referral to mediation. The Court referred the matter to the Mediation Centre, High Court Allahabad, conditioned on the applicants depositing Rs.35,000/- within three weeks (Rs.30,000/- payable to opposite party no.2 on her appearance; Rs.5,000/- retained by the Centre for expenses), directed filing of memo of parties with WhatsApp number/email of private respondents, notice to opposite party no.2, and expedited mediation. Upon filing the deposit receipt before the court below, no coercive action was to be taken against the applicants till the next date of listing; on failure to deposit or to obtain extension of the interim order, the court below would be free to proceed. Matter listed in the week commencing 28.07.2025 with the Mediation Centre report.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 5444 of 2025

Applicant :- Abhishek Bhatia And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Learned counsel for the applicant is permitted to make necessary correction in the prayer clause during the course of the day.

1A. Heard Sri Alok Kumar Singh, learned counsel for the applicants and Sri Raj Bahadur Singh, learned AGA for the State.

The present application has been filed to quash the cognizance/summoning order dated 21.10.2024 as well as entire proceedings of Case No. 5070/2024, Online No. 64229/2024, Case Crime No. 530/2024, under Sections-498-A, 323, 504, 506 IPC and Section- 3 and 4 of Dowry Prohibition Act, Police Station- Nandgram, DistrictGhaziabad.

Contention of learned counsel for the applicants is that the present proceeding arises out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre.

In view of the above, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs.35,000/- within three weeks from today with the Mediation Centre, out of which Rs.30,000/- shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/shall be retained by the mediation center towards its expenses.

It is also directed that while depositing the amount before the Mediation Centre, learned counsel for the applicants shall also file memo of parties as mentioned in the present case along with WhatsApp Number as well as Email-Id of the private respondent(s), if available.

Issue notice to opposite party no.2.

After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

List in the week commencing 28.07.2025 along with the report of Mediation Centre.

It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing.

It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below would be free to proceed against the applicants.

It is clarified that interim order has been granted till the next date, if the applicants fail to produce any order of this court extending the interim order after the date fixed then court below would be free to proceed against the applicants.

Order Date :- 8.4.2025

Sharad/-

Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad