Mahesh and 2 Others vs State of U.P. and 2 Others

Petitioners Mahesh and two others have approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 26.10.2025 lodged by first informant/respondent 3 Pawan Kumar and registered as Case Crime No. 142 of 2025, under Sections 85 , 115(2), 351(2), 109 of the Bhartiya Nyay Sanhita, 2023 and Section 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Hathras.

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Learned counsel for petitioners submits that marriage of petitioner 1 was solemnized with sister of first informant, respondent 3, on 30.04.2025. However, on account of marital discord the relationship between the parties became strained. He, therefore, submits that the dispute between the parties is a purely civil/matrimonial dispute has been dragged into criminal litigation. According to the learned counsel for petitioner since the dispute between the parties is basically a matrimonial dispute. He, therefore, submits that interest of justice shall better be served in case, the parties are referred to mediation, where there are chances of their dispute being resolved amicably.

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Per contra, the learned A.G.A. representing State respondents has no objection to the submissions urged by the learned counsel for petitioners.

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CRLP No. 26018 of 2025

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2

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Considering the fact that the dispute between the parties is basically a matrimonial dispute, therefore, we direct the parties to seek mediation before the Mediation and Conciliation Center, High Court Allahabad.

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Accordingly, petitioners shall deposit a sum of Rs. 25000/- with the Mediation and Conciliation Center, High Court Allahabad by way of bank draft drawn in favour of Registrar (A/C), Mediation and Conciliation Center, High Court Allahabad within a period of two weeks' from today. In case, the said deposit is made, the Mediation Center shall issue notice to first informant, respondent 3 as well as the wife of petitioner 1. In case the first informant respondent 3/wife of petitioner 1 appear before the Mediation and Conciliation Centre, High Court Allahabad then a sum of Rs. 20,000/- shall be paid to the wife of petitioner 1 and the balance shall be utilized towards the cost of mediation. The Mediation and Conciliation Center, High Court Allahabad shall endeavour to conclude the mediation proceedings within three months from today and thereafter submit its report.

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Notice on behalf of respondents 1 and 2 has been accepted by the learned AGA.

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Vide order dated 14.11.2025 notice was issued to first informant/respondent 3.

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Office has submitted a report dated 16.12.2025 stating therein that neither acknowledgment nor undelivered cover has been received so far.

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Office to submit a fresh report with regard to service of notice upon respondent 3.

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All the respondents may file their respective counter affidavits within 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 as fresh on 06.05.2026 before appropriate Bench.

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Considering the facts and circumstances of the facts and also the

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CRLP No. 26018 of 2025

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submissions urged by the learned counsel for petitioners as noted herein above, coupled with the fact that the matter has been referred to the Mediation and Conciliation Centre, High Court Allahabad, therefore, as an interim measure, it is hereby provided that till the next date fixed the petitioners shall not be arrested in Case Crime No. 142 of 2025, under Sections 85 , 115(2), 351(2), 109 of the Bhartiya Nyay Sanhita, 2023 and Section 3/4 Dowry Prohibition Act, 1961. The petitioners shall cooperate in the investigation. However, in case the petitioners fail to deposit the amount with the Mediation Center within the time period mentioned above, the interim order shall stand automatically vacated. The Investigating Officer shall be free to arrest the petitioners.

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

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Assignment, if any, stands discharged.

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(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)

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February 4, 2026 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Mahesh and 2 Others v. State of U.P. and 2 Others

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Mahesh and 2 Others v. State of U.P. and 2 Others

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