Pushpraj Singh and 2 Others vs State of Up and 2 Others — Dowry and Cruelty | Allahabad HC (2026)

Pushpraj Singh and 2 Others vs State of Up and 2 Others — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Matter referred to the Mediation and Conciliation Centre, High Court, Allahabad; petitioners to deposit Rs. 20,000/- within four weeks (Rs. 15,000/- thereof payable to respondent No. 3 for subsistence and expenses); interim protection from arrest till 13.7.2026 subject to deposit of the amount and filing of its receipt; case to be listed before the appropriate Bench with the mediator's report on 13.7.2026; interim stay automatically vacated on default or non-participation.

Issue for consideration

Whether the criminal writ petition, rooted in a matrimonial dispute between petitioner No. 1 and respondent No. 3 (his wife), should be referred to the Mediation Centre of the Court for amicable settlement between the parties. +1 more

Court's answer

The Court was satisfied, on the record and submissions, that the nature of the litigation was such that chances of resolving it through conciliation existed, and accordingly referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad, allowing the mediator two months to find a possible solution and send his report to the Court.

Ratio / Principle

Interim protection from arrest granted: till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 25.3.2026, provided they deposit Rs. 20,000/- at the Mediation Centre within four weeks and file the receipt of deposit along with the order.

Key takeaways

The interim stay order shall stand automatically vacated in case of default in depositing the amount as ordered or on non-participation of the petitioners in the mediation proceedings.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court, Criminal Misc. Writ Petition No. 7863 of 2026 (decided April 10, 2026; Rajiv Gupta, J. and Dr. Ajay Kumar-II, J.): The writ petition arose out of a matrimonial dispute — respondent No. 3 is the wife of petitioner No. 1 and the other petitioners are his family members — with an impugned F.I.R. dated 25.3.2026 (Case Crime No. 0044 of 2026, P.S. Jajmau, District Kanpur Nagar) under Sections 85, 115(2), 352, 351(3) of BNS and Section 3/4 D.P. Act. Finding that chances of resolution through conciliation existed, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad, directing the petitioners to deposit Rs. 20,000/- within four weeks, out of which Rs. 15,000/- is to be paid to respondent No. 3 for subsistence and expenses; the mediator was allowed two months to report. Till the next date, the petitioners were held not liable to be arrested in pursuance of the impugned F.I.R., provided the receipt of deposit is filed; default in deposit or non-participation in mediation operates as automatic vacation of the interim stay. Case to be listed with the mediator's report on 13.7.2026 and not treated as tied up or part heard.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 7863 of 2026

Pushpraj Singh And 2 Others

.....Petitioner(s)

Versus

State Of Up And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) Counsel for Respondent(s)	: Bachan Singh, Vimal Kumar Pandey : G.A.

Court No. - 48

HON'BLE RAJIV GUPTA, J. HON'BLE DR. AJAY KUMAR-II, J.

Heard learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record.

Respondent No. 3 is wife of petitioner No. 1 and other petitioners are family members of petitioner No. 1. The quintessence of the contentions raised by the learned counsel for the petitioners is that matrimonial dispute is in the genesis of this case. There are chances of amicable settlement between the parties. Petitioners counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the litigants may have a chance to settle their dispute on their own terms through mediation.

The Court is satisfied on the basis of record and the submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The petitioners will deposit Rs. 20,000/- within four weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of two weeks. Out of the same Rs.15,000/- will be paid to respondent no.3 for subsistence and to meet out the expenses. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to

CRLP No. 7863 of 2026

2

the court regarding the outcome of mediation.

List this case before the appropriate Bench along with report of the mediator on 13.7.2026.

Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 25.3.2026 arising out of Case Crime No. 0044 of 2026, under Sections 85, 115(2), 352, 351(3) of BNS and Section 3/4 D.P. Act, Police Station Jajmau, District Kanpur Nagar, provided the petitioners file the receipt of deposit of amount as directed above along with the present order.

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the petitioners in the mediation proceedings, the interim stay order shall stand automatically vacated.

This case shall not be treated as tied up or part heard with this Bench.

(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)

April 10, 2026 Dhirendra/

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