Poonam Chand and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Poonam Chand and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Matter referred to the Mediation & Conciliation Centre of the Allahabad High Court with its report due within three months; interim protection that no coercive action be taken against the applicants till the next date of listing, conditional upon deposit of Rs. 50,000/- within three weeks failing which the stay ends automatically; applicant no. 2 permitted to appear in mediation through virtual mode; case to be listed after three months along with the mediation report.

Issue for consideration

Whether the criminal proceedings of Case No. 5072 of 2025 and the charge sheet dated 22.08.2022 / cognizance order dated 14.12.2022 under Sections 498-A, 323, 506 I.P.C. (F.I.R./Case Crime No. 249 of 2022), being matrimonial in nature, should be referred to mediation for amicable settlement between the parties.

Court's answer

The Court was satisfied on the basis of the record and submissions that the nature of the litigation is such that there is a chance to resolve the matter through mediation, and accordingly referred the matter to the Mediation & Conciliation Centre of the High Court, with the Mediation Centre to submit its report within three months.

Ratio / Principle

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Key takeaways

If the amount, as directed, is not deposited by the applicants within the stipulated period, the stay order shall automatically come to an end.ratio¶23
Applicant no. 2, Ankur Chand (husband), residing outside India, is permitted to appear through virtual mode, and the concerned authority of the Mediation and Conciliation Centre is directed to facilitate his virtual appearance in the mediation process.ratio¶24

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.) disposed of an application under Section 528 B.N.S.S. by Poonam Chand and another (applicant no. 2 being Ankur Chand, husband, residing outside India) seeking quashing of the entire proceedings of Case No. 5072 of 2025 (State of U.P. vs. Ankur Chand and another) pending before the Civil Judge (J.D.)/FTC-II, Gautam Buddha Nagar, and of the charge sheet dated 22.08.2022 and cognizance order dated 14.12.2022 passed by the Judicial Magistrate (Offences Against Women)/Fast Track Court, Mau, under Sections 498-A, 323, 506 I.P.C., arising out of F.I.R. dated 17.05.2022 (Case Crime No. 249 of 2022, Police Station Kotwali Mau, District Mau). Observing the dispute to be purely matrimonial in nature and capable of resolution through mediation, the Court referred the matter to the Mediation & Conciliation Centre, directed the applicants to deposit Rs. 50,000/- within three weeks (Rs. 25,000/- to opposite party no. 2 on first appearance, Rs. 20,000/- on second appearance, Rs. 5,000/- to the Centre), directed a mediation report within three months, and ordered that no coercive action be taken against the applicants till the next date of listing, the stay ending automatically if the deposit is not made. Applicant no. 2 was permitted to appear in the mediation through virtual mode.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 10616 of 2026

Poonam Chand And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for	Applicant(s)	: Apurva Hajela,	Om Narain Tripathi
Counsel for	Opposite Party(s)	: G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Supplementary affidavit filed today by learned counsel for the applicants is taken on record.

Heard Sri Apurva Hajela, learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the record.

The present application under Section 528 B.N.S.S. has been filed to quash the entire proceedings of Case No. 5072 of 2025 (State of U.P. vs. Ankur Chand and another), pending in the court of Civil Judge (J.D.) / FTCII, Gautam Buddha Nagar as well as charge sheet dated 22.08.2022 the cognizance order dated 14.12.2022 passed by Judicial Magistrate (Offences Against Women)/Fast Track Court, Mau, under Sections 498-A, 323, 506 I.P.C., arising out of F.I.R. dated 17.05.2022 as Case Crime No. 249 of 2022, Police Station Kotwali Mau, District Mau.

Issue notice to opposite party no. 2 returnable at an early date.

At the very outset, learned counsel for the applicants contended that the applicant no. 2, namely, Ankur Chand (Husband) is residing out of India and undoubtedly the dispute in question is purely matrimonial in nature. After the marriage was solemnized, the husband went abroad and is presently residing there.

Learned counsel for the applicants submits that the matter relates to matrimonial in nature, and in case, the matter is referred for mediation, the parties may get an opportunity to amicably settle their dispute. He, therefore, submits that in view of the peculiar facts and circumstances of the present case, it will be in the interest of both the parties that the case may be referred for mediation to the Mediation Centre, High Court, Allahabad.

NA528 No. 10616 of 2026

2

The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court, applicants are directed to deposit a sum of Rs.50,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of three weeks from today. After deposit of the aforesaid amount, office shall send a notice to the opposite party no.2 calling upon her to file counter affidavit. Out of Rs.50,000/-, Rs.25,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre and rest amount Rs.20,000/- shall be payable to the opposite party no. 2 on her second appearance and remaining Rs.5,000/- shall be payable to the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.

List this case after three months along with the report of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end.

So far as the presence of applicant no. 2, namely, Ankur Chand (husband), is concerned, as he is residing outside India, he is permitted to appear through virtual mode. The concerned authority of the Mediation and Conciliation Centre of this Court is directed to facilitate the appearance of applicant no. 2, namely, Ankur Chand (husband), through virtual mode in the mediation process.

March 19, 2026 Manoj

(Tej Pratap Tiwari,J.)

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