Gaurav and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Gaurav and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection — no coercive measures against the applicants till the next date of listing (22.07.2026), conditional on deposit of Rs. 25,000/- within three weeks; matter referred to the Mediation & Conciliation Centre with report within three months; matter to be listed on 22.07.2026 with the mediation report. The quashing prayer was not decided on merits.

Issue for consideration

Whether the entire proceeding of Case No.1280 of 2025 (State v. Gaurav and others), charge sheet No.89 of 2024 dated 29.06.2024, arising out of Case Crime No.148 of 2022, and the impugned cognizance/summoning order dated 18.09.2025 should be quashed under Section 528 BNSS.

Court's answer

On the applicant's consent, the matter is referred to the Mediation & Conciliation Centre of the High Court; the applicant is directed to deposit Rs. 25,000/- by demand draft/pay order in the name of AHCMCC within three weeks, out of which Rs. 20,000/- is payable to opposite party No. 2 and Rs. 5,000/- to the Centre; the Centre is to submit its report within three months.

Ratio / Principle

As an interim measure, till the next date of listing (22.07.2026), no coercive measures are to be taken against the applicants.

Key takeaways

If the directed deposit is not made within the stipulated period, the interim protection granted shall automatically stand vacated.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — Application under Section 528 BNSS (No. 12041 of 2026) by Gaurav and 3 others seeking quashing of the entire proceeding of Case No.1280 of 2025 (State v. Gaurav and others), charge sheet No.89 of 2024 dated 29.06.2024, arising out of Case Crime No.148 of 2022 under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Saharanpur, and the impugned cognizance/summoning order dated 18.09.2025 of the Civil Judge (Junior Division), F.T.C.-Ist, Saharanpur. Learned counsel for the applicants consented to reference to mediation. Held: matter referred to the Mediation & Conciliation Centre, High Court of Allahabad; applicant to deposit Rs. 25,000/- by demand draft/pay order in favour of AHCMCC within three weeks, of which Rs. 20,000/- to opposite party No. 2 and Rs. 5,000/- to the Centre; mediation report within three months; matter listed on 22.07.2026; till then no coercive measures against the applicants, such interim protection to stand automatically vacated on failure to deposit. Quashing prayer left open, not decided on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 12041 of 2026

Gaurav And 3 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Virendra Singh Tomar
Counsel for Opposite Party(s) :	G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Virendra Singh Tomar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The instant application under Section 528 BNSS has been filed with a prayer to allow the application and quash the entire proceeding of Case No.1280 of 2025 (State v. Gaurav and others), charge sheet No.89 of 2024 dated 29.06.2024, arising out of Case Crime No.148 of 2022, under Section 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police StationMahila Thana, District Saharanpur as well as impugned cognizance/summoning order dated 18.09.2025 pending in the Court of learned Civil Judge, (Junior Division), F.T.C.-Ist, Saharanpur.

Learned counsel for the applicant states that the applicant consents to refer the matter to the Mediation and Conciliation Centre, High Court Allahabad, for amicable settlement of the dispute.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 25,000/- by way of demand draft/pay order in the name of Allahabad High Court Mediation and Conciliation Centre (AHCMCC), within a period of three weeks from today. Out of the same, Rs. 20,000/- be paid to opposite party No. 2 and Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

The matter is referred to the Mediation Centre with the direction that

NA528 No. 12041 of 2026

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same may be tried to be resolved after giving notices to both the parties. The Mediation Centre will submit its report in the matter within three months.

List on 22.07.2026 in the daily cause list before the appropriate Bench alongwith the report of Mediation Centre.

Till the next date of listing, no coercive measures be taken against the applicants.

In case, the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

(Nand Prabha Shukla,J.)

April 15, 2026

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad