Akshay and 3 Others vs State of Uttar Pradesh and 3 Others

Heard Mr. Bajrang Lal Srivastava, Advocate holding brief of Mr. Arun Kumar Srivastava, the learned counsel for petitioners and the learned AGA representing State respondents 1, 2 and 3.

¶12

Perused the record.

¶13

Petitioner Akshay and three others have approached this Court by means of present Criminal Misc. Writ Petition challenging the F.I.R. dated 02.11.2025 lodged by first informant-respondent 4-Smt. Nisha and registered as Case Crime No. 533 of 2025 under Section 85, 115(2), 351(3), of BNS and Section 3/4 D.P. Act, Police Station Brambhapuri, District Meerut.

¶14

Learned counsel for petitioners in support of present writ petition submits that the dispute between the parties is a purely private and matrimonial dispute. A matrimonial dispute has been dragged into criminal litigation. Petitioner 1 is the husband whereas first informant respondent 4 is the wife of petitioner 1. On account of some marital discord, the relationship between the parties i.e. petitioner 1 and respondent 4 became strained. On the above premise, it is thus submitted by learned counsel for the petitioners that in case the parties are referred to mediation, there are every chances of their dispute being resolved amicably. He, therefore, contends that parties be referred to mediation.

¶15

CRLP No. 27867 of 2025

¶16

2

¶17

Learned AGA representing State respondent 1, 2 and 3 does not oppose the equitable submissions urged by learned counsel for petitioners in support of present writ petition.

¶18

In view of above, the parties are referred to the Mediation and Conciliation Centre, High Court Allahabad. Accordingly, petitioners shall deposit a sum of Rs. 25,000/- by way of a bank draft drawn in favour of Registrar (Accounts), Mediation and Conciliation Centre, High Court, Allahabad within a period of two weeks from today. In case aforesaid deposit is made, then the Mediation and Conciliation Centre, High Court Allahabad shall issue notice to first informant respondent 4. In case first informant respondent 4 appears before the Mediation and Conciliation Centre, High Court, Allahabad then a sum of Rs. 20,000/- shall be paid to the first informant respondent 4. The balance amount shall be utilised towards the costs of present proceedings. Mediation and Conciliation Centre, High Court, Allahabad shall endevour to conclude the mediation proceedings within a period of three months from today and thereafter submit its report to this Court.

¶19

Notice on behalf of respondents 1, 2 and 3 has been accepted by the learned AGA.

¶20

Issue notice to first informant respondent 4. Steps for service upon first informant/respondent 4 shall be taken within the time period prescribed under the Rules of Court.

¶21

All the respondents may file their respective counter affidavits within six weeks. Petitioners will have two weeks thereafter to file their rejoinder affidavit.

¶22

Put up this writ petition for admission as fresh on 01.05.2026 before appropriate Bench.

¶23

Considering the facts and circumstances of the case that the dispute between the parties is a purely private and matrimonial dispute and further that the parties have been referred to mediation, therefore, as an interim measure, it is hereby provided that petitioners shall not be arrested in Case Crime No. 533 of 2025 under Section 85, 115(2), 351(3), of BNS

¶24

CRLP No. 27867 of 2025

¶25

3

¶26

and Section 3/4 D.P. Act, Police Station Brambhapuri, District Meerut till 01.05.2026. However, in case of default in the payment of amount as noted hereinabove, this interim order shall stand automatically vacated and the Investigating Officer shall be free to arrest the petitioners.

¶27

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

¶28

February 2, 2026 NSC

¶29

Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad

Akshay and 3 Others v. State of Uttar Pradesh and 3 Others

Case brief

What is this about?

What did the court decide?

Akshay and 3 Others v. State of Uttar Pradesh and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sagar vs State of Uttar Pradesh and 2 Others

Mohit Kumar Goyal vs State of U.P. and 3 Others

Akhilesh Kumar Mishra vs the State of Up and 9 Others

Siddhant Pandey @ Mayank vs State of U.P. and 2 Others

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

Smt Roopa Devi and Another vs State of U.P. and 2 Others