Mohd. Amir Ahmad and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Mohd. Amir Ahmad 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 decided on merits; matter referred to the Mediation Centre, High Court Allahabad, subject to deposit of Rs.25,000/- within three weeks (Rs.20,000/- to opposite party no.2 on her appearance; Rs.5,000/- towards expenses); applicant no.1 permitted to participate in mediation via video conferencing; interim order that no coercive action shall be taken against the applicants till the next date of listing, conditional on filing the deposit receipt before the court below; matter listed in the week commencing 15.09.2025.

Issue for consideration

Whether the entire proceedings, the charge sheet dated 21.05.2019 and the cognizance-taking order dated 03.07.2020 in Criminal Case No. 1989 of 2020 (arising out of case crime no.0117 of 2018) should be quashed. +1 more

Court's answer

The matter is referred to the Mediation Centre, High Court Allahabad, subject to the applicants depositing a sum of Rs.25,000/- within three weeks, out of which Rs.20,000/- is to be paid to opposite party no.2 on her appearance and the balance Rs.5,000/- is retained by the Mediation Centre towards its expenses.

Ratio / Principle

The Mediation Centre is directed to send a video conferencing link to applicant no.1, Mohd. Amir Ahmad (Mob. No. +96551238134), husband of opposite party no.2, so as to ensure his presence before the Mediation Centre through video conferencing while he is on duty in Kuwait.

Key takeaways

Interim protection: if the applicants file the receipt of the deposit before the court below, no coercive action shall be taken against them till the next date of listing; if they fail to submit the receipt, or 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¶14
Notice is to be issued to opposite party no.2; after the deposit, notices are to be issued fixing a date for mediation, and the Mediation Centre is to make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.; order dated 06.05.2025), Application u/s 528 BNSS No. 6482 of 2025: applicants sought quashing of the entire proceedings together with the charge sheet dated 21.05.2019 and cognizance-taking order dated 03.07.2020 in Criminal Case No. 1989 of 2020, arising out of case crime no.0117 of 2018 under Sections 498A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station-Rani Ki Sarai, District-Azamgarh, pending before the Judicial Magistrate, Azamgarh. Applicant no.1, husband of opposite party no.2, having left for Kuwait to join his duty, the Court referred the matter to the Mediation Centre, High Court, Allahabad, subject to deposit of Rs.25,000/- within three weeks (Rs.20,000/- payable to opposite party no.2 on her appearance; balance Rs.5,000/- towards the Centre's expenses); the Centre was directed to send a video-conferencing link to applicant no.1 to ensure his remote participation, notice was ordered to opposite party no.2, and expeditious conclusion of mediation was directed. Interim protection granted: no coercive action against the applicants till the next date of listing, provided the deposit receipt is filed before the court below; failing which, or absent extension of the interim order, the court below is free to proceed. The quashing question remains open; matter listed in the week commencing 15.09.2025.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 6482 of 2025

Applicant :- Mohd. Amir Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahzad Alam Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Shahzad Alam, learned counsel for the applicants and Sri Uday Bhan, learned AGA for the State.

The present application has been filed to quash the entire proceedings as well as impugned charge sheet dated 21.05.2019 along with cognizance taking order dated 03.07.2020 in Criminal Case No. 1989 of 2020, arising out of case crime no.0117 of 2018, under Sections-498A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station-Rani Ki Sarai, District-Azamgarh, pending in the court of Judicial Magistrate, Azamgarh.

Learned counsel for the applicants has submitted that applicant no.1 is the husband of opposite party no.2 and he left for Kuwait to join his duty in Abdali. Therefore, he may be permitted to appear and participate in the mediation proceeding through video conferencing.

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.25,000/- within three weeks from today with the Mediation Centre, out of which Rs.20,000/- 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. The Mediation Centre is directed to send video conferencing link to applicant no.1, Mohd. Amir Ahmad, (Mob. No. +96551238134), who is the husband of opposite party no.2, so as to ensure his presence before the Mediation Centre through video conferencing.

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 15.09.2025.

In the meantime, learned counsel for the applicants will file supplementary affidavit regarding the income and occupation of applicant no.1.

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 :- 6.5.2025 S.Chaurasia

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad