Shamshad and 11 Others vs State of U.P. and 2 Others

Heard Mr. Dharmendra Kumar Patel, the learned counsel for petitioners, the learned A.G.A. representing State-respondents 1 & 2 and Mr. Jitendra Singh, the learned counsel representing first informant/respondent-3.

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Perused the record.

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Petitioners-Shamshad And 11 Others have approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 19.04.2026 lodged by first informant-respondent-3, Gulshan and registered as Case Crime No. 0099 of 2026, under Sections 85, 352, 115 (2), 351 (3), 74 BNS, Sections 3/4 D. P. Act and Section 3/4 Muslim Women (Protection of Right on Marriage, Act, 2019, Police StationThakurdwara, District-Moradabad.

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Learned counsel for petitioners in challenge to the impugned F.I.R. submits that the impugned F.I.R. is not only malicious but also an abuse of the process of Court. As such, the same is liable to be quashed by this Court.

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According to the learned counsel for petitioners, the marriage of petitioner-1, Shamshad was solemnized with Gulshan, the first informant/respondent-3 on 03.03.2024 in accordance with Muslim Rites and Custom. However, on account of some marital discord, relationship between the parties ie. husband (petitioner-1) and the wife (first informant/respondent 3) became strained. He therefore submits that in view of above dispute between the parties is basically a civil and

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CRLP No. 10866 of 2026

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2

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matrimonial dispute, which has been dragged into criminal litigation. It is thus urged by the learned counsel for petitioners that considering the nature of dispute between the parties, interest of justice shall better be served in case the parties are referred to mediation. In case the parties are referred to mediation, there are every chances of the matter being settled amicably.

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Per contra, the learned A.G.A. representing State/respondents 1 & 2 and the learned counsel representing first informant/respondent-3 do not oppose the fair and equitable submissions urged the learned counsel for petitioners.

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In view of above, the matter is accordingly referred to Mediation at the Mediation and Conciliation Center, High Court Allahabad.

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Petitioners shall deposit a sum of Rs. 25,000/- with the Mediation and Conciliation Center, High Court Allahabad by means of an A/c payee Bank Draft drawn in favour of Registrar (Accounts), Mediation and Conciliation Center, High Court Allahabad or by electronic Mode within a period of two weeks from today.

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In case the aforesaid amount is deposited, notice shall be issued to first informant/respondent-3, Gulshan, the informant/respondent-3/wife of petitioner-1 by the Mediation and Conciliation Center, High Court Allahabad.

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In case the first informant/respondent-3, Gulshan appears in the Mediation proceedings then a sum of Rs. 20,000/- out of the aforesaid deposit shall be paid to Gulshan, the first informant/respondent-3. The balance amount shall be retained towards the cost of mediation.

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The Mediation and Conciliation Center, High Court Allahabad shall make an endeavour to conclude the mediation proceedings within a period of three months from today and thereafter submits its report to this Court.

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Notice on behalf of State/respondents 1 and 2 has been accepted by the learned A.G.A.

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Mr. Jitendra Singh has put in appearance on behalf of first informant/respondent-3.

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All the respondents may file their respective counter affidavits within

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CRLP No. 10866 of 2026

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3

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six weeks.

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Petitioners will have two weeks thereafter to file their rejoinder affidavits.

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Put up this writ petition for admission before appropriate Bench as fresh on 14.08.2026.

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Considering the facts and circumstances of the case and coupled with fact that the matter has been referred to Mediation, therefore, as an interim measure, it is hereby provided that petitioners shall not be arrested in Case Crime No. 0099 of 2026, under Sections 85, 352, 115 (2), 351 (3), 74 BNS, Sections 3/4 D. P. Act and Section 3/4 Muslim Women (Protection of Right on Marriage, Act, 2019, Police StationThakurdwara, District-Moradabad arising out of the impugned F.I.R. dated 19.04.2026, till the next date fixed.

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In case of default in payment of aforesaid deposit as directed above, the interim protection granted to petitioners shall stand automatically vacated. The Investigating Officer, thereafter, shall be free to arrest the petitioners.

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Matter shall not be treated as tied up or part heard to this Bench.

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Assignment, if any, stands discharged.

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(Padam Narain Mishra,J.) (Rajeev Misra,J.)

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May 13, 2026 YK

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

Shamshad and 11 Others v. State of U.P. and 2 Others

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Shamshad and 11 Others v. State of U.P. and 2 Others

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