Deshmukh @ Sunil Nishad and 2 Others vs State of U.P… — Dowry and Cruelty | Allahabad HC (2026)

Deshmukh @ Sunil Nishad and 2 Others vs State of U.P… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Parties referred to the Mediation Centre; applicant no.1 to deposit Rs.30,000/- within two weeks (Rs.25,000/- to opposite party no.2; Rs.5,000/- retained by mediation centre); further proceedings against the applicants kept in abeyance subject to the deposit, with interim protection to stand automatically vacated on non-deposit; mediation to be completed preferably within three months, whereafter the case shall be listed before the appropriate Bench. The quashing application was not finally decided.

Issue for consideration

Whether the charge sheet dated 08.08.2024, the cognizance/summoning order dated 04.07.2025 and the entire proceedings of Criminal Case No.41884 of 2025 should be quashed. +1 more

Court's answer

Further proceedings against the applicants in Criminal Case No.41884 of 2025 were kept in abeyance till the next date of listing, subject to the applicant depositing Rs.30,000/-; if the amount is not deposited within the stipulated period, the interim protection shall stand automatically vacated.

Ratio / Principle

The Court prima facie found that the present criminal proceedings arise out of the matrimonial dispute between the parties, and that assistance of mediation may enable them to resolve their differences amicably.

Key takeaways

Applicant no. 1 was directed to deposit Rs.30,000/- within two weeks with the Mediation Centre, of which Rs. 25000/- is to be paid to opposite party no.2 for her appearance before the Mediation Centre, and the balance Rs. 5000/- is to be retained by the mediation centre towards its expenses.ratio¶14
The matter was referred to the Mediation Centre with direction that it be resolved after giving notices to both parties, expeditiously and preferably within three months, whereafter the case shall be listed before the appropriate Bench.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) — Application under Section 528 BNSS No. 2847 of 2026, Deshmukh @ Sunil Nishad and others v. State of U.P. and another — quashing of charge sheet dated 08.08.2024, cognizance/summoning order dated 04.07.2025 and entire proceedings of Criminal Case No.41884 of 2025 (State v. Deshmukh @ Sunil Nishad and others), arising out of Case Crime No.260 of 2024 under Sections 498-A, 323, 504 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Geeda, District Gorakhpur — Court prima facie found the criminal proceedings to arise out of a matrimonial dispute between the parties and observed that mediation may enable amicable resolution — matter referred to the Mediation Centre with notice to both parties — applicant no.1 directed to deposit Rs.30,000/- within two weeks, of which Rs.25,000/- to be paid to opposite party no.2 and Rs.5,000/- retained by the mediation centre — further proceedings against the applicants kept in abeyance subject to the deposit, and interim protection to stand automatically vacated on non-deposit — mediation to proceed expeditiously, preferably within three months, whereafter the case is to be listed before the appropriate Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2847 of 2026

Deshmukh @ Sunil Nishad And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Kamlesh Kumar Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 73

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

The present application has been filed to quash the charge sheet dated 08.08.2024; cognizance/summoning order dated 04.07.2025 as well as entire proceeding of the Criminal Case No.41884 of 2025 (State Vs. Deshmukh @ Sunil Nishad and others) arising out of Case Crime No.260 of 2024, under Sections 498-A, 323, 504 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Geeda, District-Gorakhpur.

Learned counsel for the applicants submits that it is a matrimonial dispute. The applicant no.1 is husband of opposite party no.2 and there is chances to settle the matter between the parties if the matter is referred to Mediation Centre.

At present, prima facie , it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

It is directed that applicant no. 1 shall deposit a sum of Rs.30,000/- within two weeks from today with the Mediation Centre of which Rs. 25000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 5000/-

NA528 No. 2847 of 2026

2

shall be retained by the mediation center towards its expenses.

The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.

Subject to the applicant depositing the amount of Rs.30,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.

After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

(Deepak Verma,J.)

February 3, 2026 Meenu Singh

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