Sakir and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Sakir and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Conditional interim protection: no coercive action against the applicants till the next date of listing (matter listed in the week commencing 11.08.2025), provided the receipt of the Rs.15,000/- deposit is filed before the court below; on default, or absent extension of the interim order beyond the fixed date, the court below is free to proceed. Matter referred to the Mediation Centre, High Court, Allahabad, with notice to opposite party no.2.

Issue for consideration

Whether the quashing application should be referred to the Mediation Centre, High Court, Allahabad, subject to deposit/submission of the Rs.15,000/- draft within three days. +2 more

Court's answer

The matter is referred to the Mediation Centre, High Court Allahabad, on condition that the applicants submit the Rs.15,000/- draft within three days; of that sum, Rs.13,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre and the balance Rs.2,000/- retained by the Mediation Centre towards its expenses.

Ratio / Principle

Despite the draft having been prepared after expiry of the period mentioned in the order dated 04.03.2025, the Court accepted it and directed its submission before the Mediation Centre, High Court, Allahabad within three days.

Key takeaways

Interim protection: if the applicants file the receipt of the Rs.15,000/- deposit before the court below, no coercive action shall be taken against them in the aforesaid case till the next date of listing.ratio¶15
Converse condition: if the applicants fail to submit the receipt of the aforesaid deposit before the court below, the court below would be free to proceed against them.ratio¶16
The interim order has been granted 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.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Arun Kumar Singh Deshwal, J.), Application U/S 528 BNSS No. 6955 of 2025 — Sakir and 5 others v. State of U.P. and another; order dated 03.04.2025. The applicants sought quashing of the charge sheet dated 12.08.2018 and cognizance order dated 25.09.2018, and of the entire proceedings of Case Crime No.0030 of 2018 (Sections 498-A, 323, 506 IPC; Section 3/4 D.P. Act), Police Station Mahila Thana, District Mathura. Pursuant to this Court's order dated 04.03.2025 requiring a Rs.15,000/- deposit, counsel produced a draft of even date (No.073795, State Bank of India, Allahabad High Court Branch) though prepared after the prescribed period; the Court accepted it and referred the matter to the Mediation Centre, subject to submission of the draft within three days, with Rs.13,000/- payable to opposite party no.2 on his appearance and Rs.2,000/- retained by the Centre towards expenses. Notice was ordered to opposite party no.2, and the matter listed for the week commencing 11.08.2025. Interim protection granted: no coercive action against the applicants till the next date provided the deposit receipt is filed before the court below; on failure to deposit, or absent a further order extending the interim protection beyond the fixed date, the court below remains free to proceed. Counsel further directed to file a memo of parties with contact details and an amendment application converting the petition into an Application u/s 528 of BNSS.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 6955 of 2025

Applicant :- Sakir And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pal,Shubhankar Singh Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Bhola Nath Garg, Advocate holding brief of Sri Rajesh Kumar Pal, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State.

The present application has been filed to quash the charge sheet dated 12.08.2018 and cognizance order dated 25.09.2018 as well as entire proceedings arising out of Case Crime No.0030 of 2018, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Mathura.

From perusal of record, it appears that this Court vide order dated 04.03.2025 directed the applicants to deposit a sum of Rs.15,000/- before the Mediation Centre, as a condition to refer this matter to Mediation Centre, High Court, Allahabad.

Learned counsel for applicants has produced a draft of Rs.15,000/- issued on 03.04.2025, bearing No.073795 of State Bank of India, Allahabad High Court Branch. Though, this draft was prepared after expiry of period mentioned in order dated 04.03.2025. Even otherwise, the applicants has already prepared a draft of Rs.15,000/-. It is directed to submit the draft before the Mediation Centre, High Court, Allahabad within a period of three days.

In view of the above, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will submit the draft of Rs.15,000/- within three days from today with the Mediation Centre, out of which Rs.13,000/shall be paid to the opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance Rs.2,000/- 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 11.08.2025.

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.

In the meantime, learned counsel for the applicants will file amendment application to convert the present application into Application u/s 528 of BNSS.

Order Date :- 3.4.2025 Atul

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