Vibhas Chandra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vibhas Chandra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter referred to Mediation Centre subject to deposit of Rs.25,000/- within three weeks (Rs.20,000/- to opposite party no.2; Rs.5,000/- to Mediation Centre); notice to opposite party no.2; conditional interim protection from coercive action till the next date of listing upon filing of deposit receipt before the court below; counsel directed to file amendment application converting the petition into one under S.528 BNSS; matter listed in the week commencing 19.05.2025.

Issue for consideration

Whether the summoning order dated 12.02.2019, charge sheet no.1/2018 dated 11.10.2018 and further proceedings of Case Crime No.48 of 2018 under Sections 498-A, 323, 504, 506 IPC (Police Station Mahila Thana, District Prayagraj) are liable to be quashed. +1 more

Court's answer

If the applicants deposit the aforesaid amount within time and file the receipt of 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 extending the interim order after the date fixed, 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 condition that the applicants deposit Rs.25,000/- within three weeks, out of which Rs.20,000/- shall be paid to opposite party no.2 on her appearance and Rs.5,000/- shall be retained by the Mediation Centre towards its expenses.

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.), Order dated 3.4.2025 in Application U/S 528 BNSS No. 7753 of 2025 (Vibhas Chandra v. State of U.P. and Another): The applicant sought quashing of the summoning order dated 12.02.2019, charge sheet no.1/2018 dated 11.10.2018 and further proceedings of Case Crime No.48 of 2018 under Sections 498-A, 323, 504, 506 IPC, Police Station Mahila Thana, District Prayagraj. On the contention that the offence was matrimonial in nature, the Court referred the matter to the Mediation Centre, High Court Allahabad, subject to the applicants depositing Rs.25,000/- within three weeks, of which Rs.20,000/- was to be paid to opposite party no.2 on her appearance and Rs.5,000/- retained by the Mediation Centre towards expenses; counsel for the applicants was also to file a memo of parties with WhatsApp number and email-id of the private respondents. After deposit, notices were to issue fixing a date for mediation, to be concluded expeditiously. If the applicants filed the deposit receipt before the court below, no coercive action was to be taken against them till the next date of listing; failing deposit, or failing production of an order extending the interim order after the date fixed, the court below was to be free to proceed. Counsel was further directed to file an amendment application converting the petition into an application under Section 528 BNSS. Matter listed in the week commencing 19.05.2025.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 7753 of 2025

Applicant :- Vibhas Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samarth Krishna,Sandeep Saxena Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Samarth Krishna, learned counsel for the applicant and learned AGA for the State.

The present application has been filed to quash the summoning order dated 12.02.2019 and charge sheet no.1/2018 dated 11.10.2018 as well as further proceedings of Case Crime No.48 of 2018, under Sections 498-A, 323, 504, 506 IPC, Police Station Mahila Thana, District Prayagraj.

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.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 Centre. 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 19.05.2025.

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