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

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

What the court decided

AI extract

Outcome

Interim order: matter referred to the Mediation & Conciliation Centre of the Court subject to conditions (including deposit of Rs 25,000/- within two weeks); further proceedings of the Summoning Order dated 18.08.2023 and the entire criminal proceeding of Complaint Case No. 17535/2023 stayed qua the applicant till the next date of listing (05.09.2025); interim protection to lapse automatically on non-compliance with the deposit/conditions within two weeks.

Issue for consideration

Whether the matrimonial/family dispute between the applicant (husband of opposite party no. 2, married 26.02.2009) can be resolved through the Mediation & Conciliation Centre of the Court, with the criminal proceeding arising from the Summoning Order dated 18.08.2023 stayed in the interim qua the applicant.

Court's answer

The Court referred the matter to the Mediation & Conciliation Centre of the Court with conditions: deposit of Rs 25,000/- by demand draft in favour of Registrar General within two weeks; notice to opposite party no. 2 after deposit; Rs 15,000/- payable to opposite party no. 2 on appearance and Rs 3,000/- to the Centre; the remaining Rs 7,000/- to abide by the outcome of mediation (adjusted if mediation succeeds, returned to the applicant within two weeks of the Centre's final order if it fails); the Centre to submit its report within two months.

Ratio / Principle

Till the next date of listing, the further proceeding of the Summoning Order dated 18.08.2023 passed by the Additional Civil Judge (J.D.), Court No.4, Meerut and the entire criminal proceeding of Complaint Case No. 17535/2023, in so far as it pertains to the applicant, shall remain stayed.

Key takeaways

If the directed amount is not deposited within two weeks or any condition entrusted upon the applicant is not complied with within that period, the interim protection granted by the Court shall automatically come to an end and it will be open to the concerned court below to proceed against the applicant in accordance with law; the receipt of deposit must be filed before the court below after lapse of two weeks, failing which the benefit of the present order would not be available to the applicant.ratio¶19
Notice to be issued to opposite party no. 2; the opposite parties may file counter affidavits within four weeks and rejoinders within two weeks thereafter; the matter is to be listed on 05.09.2025 before the appropriate Bench along with the report of the Mediation and Conciliation Centre, High Court, Allahabad.ratio¶17

Detailed headnote1 paragraphs

Application under S. 528 BNSS (No. 6722 of 2025) by Gaurav Sharma, husband of opposite party no. 2 (marriage solemnized 26.02.2009), before the Allahabad High Court (Vikas Budhwar, J., order dated 9.5.2025): treating the matter as a family dispute, the Court referred it to its Mediation & Conciliation Centre subject to conditions - deposit of Rs 25,000/- by demand draft in favour of the Registrar General within two weeks; Rs 15,000/- payable to opposite party no. 2 on her appearance, Rs 3,000/- to the Centre, and the remaining Rs 7,000/- to abide by the mediation outcome (refundable if mediation fails); notice to opposite party no. 2 after deposit; counter affidavits within four weeks and rejoinders within two weeks thereafter; Centre's report within two months; listing on 05.09.2025. Pending mediation, further proceedings of the Summoning Order dated 18.08.2023 of the Additional Civil Judge (J.D.), Court No.4, Meerut and the entire criminal proceeding of Complaint Case No. 17535/2023 (Nishchika Sharma vs. Gaurav Sharma) under Ss. 498A and 323 IPC and S. 34 Dowry Prohibition Act (P.S. Kankarkhera, District Meerut) were stayed qua the applicant; the interim protection lapses automatically if the deposit or other conditions are not complied with within two weeks.

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 6722 of 2025

Applicant :- Gaurav Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Patel Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

The contention of the learned counsel for the applicant is that the applicant is the husband of the opposite party no. 2 whose marriage stood solemnized with the opposite party no. 2 on 26.02.2009. He submits that matter is nothing but a family dispute which can be resolved through mediation by the forum as provided by Allahabad High Court.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):-

(a) The applicant is directed to deposit a sum of Rs 25,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In charge Mediation and Conciliation Centre, High Court, Allahabad.

(b) After deposit of the aforesaid money by the applicant, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.

(c) Out of aforesaid amount, a sum of Rs 15,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation Centre. A sum of Rs. 3,000/- shall be payable to the Mediation Centre.

(d) The rest amount of Rs 7000/- shall be abide by the outcome of mediation.

(e) In case, mediation succeeds, the above amount Rs 7000/- (rest amount) shall be adjusted accordingly.

(f) In case, mediation fails, the said amount Rs. 7000 / - (rest

amount) shall be returned to the applicant within two weeks from the date of final order passed by the mediation centre.

(g) The Mediation Centre will submit its report in the matter within two months.

In addition to the same issue notice to the opposite party no. 2.

All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

List on 05.09.2025 before appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.

Till the next date of listing, the further proceeding of the Summoning Order dated 18.08.2023 passed by learned Additional Civil Judge (J.D.), Court No.4, Meerut and the entire Criminal Proceeding of Complaint Case No. 17535/2023, (Nishchika Sharma vs. Gaurav Sharma), U/s 498A, 323 of IPC and 34 of Dowry prohibition Act, P.S. Kankarkhera, District- Meerut, Pending before the court of Additional Civil Judge (J.D.), Court No.4, Meerut, in so far as it pertains to the applicant shall remain stayed.

It is made clear that in case, the said amount, as directed above, is not deposited by the applicant within a period of two weeks and any condition so entrusted upon the applicant is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicant in accordance with law. For the said purpose, the receipt of the deposit so made, shall be filed before the court below within the said period, after lapse of two weeks and, in case, the proof of deposit is not submitted before the court below, the court below shall proceed with the matter and the benefit of the present order would not be available to the applicant.

Order Date :- 9.5.2025 Rajesh

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