Smt Shiv Dulari and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Smt Shiv Dulari and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Matter referred to the Mediation & Conciliation Centre of the High Court, Allahabad with direction to deposit Rs. 20,000/- within three weeks (Rs. 15,000/- to opposite party no. 2 on appearance, Rs. 5,000/- to the Centre); Mediation Centre to submit report within three months; case to be listed after three months; till the next date of listing, no coercive action against the applicant, subject to the deposit failing which the stay order automatically comes to an end.

Issue for consideration

Whether the entire criminal proceedings of Case No. 7927 of 2024 (State Vs. Arjun & others), arising out of Case Crime No. 200 of 2017, and the cognizance order dated 19.04.2024 should be quashed under Section 528 BNSS. +1 more

Court's answer

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

Ratio / Principle

The matter is referred to the Mediation & Conciliation Centre of the Court; the applicant is to deposit Rs. 20,000/- within three weeks at the Mediation Centre, out of which Rs. 15,000/- is payable to opposite party no. 2 on his appearance and Rs. 5,000/- to the Centre; the Mediation Centre is to submit its report within three months.

Key takeaways

The interim protection is conditional: if the directed amount is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end.ratio¶20

Detailed headnote1 paragraphs

Application under Section 528 BNSS seeking quashing of the entire criminal proceedings of Case No. 7927 of 2024 (State Vs. Arjun & others), arising out of Case Crime No. 200 of 2017 (Sections 498A, 323 IPC and 3/4 D.P Act, Police Station Kalyanpur, District Fatehpur) and the cognizance order dated 19.04.2024 — matter involves a matrimonial dispute — Court satisfied there is a chance of resolution through mediation — matter referred to the Mediation & Conciliation Centre of the High Court, Allahabad — applicant to deposit Rs. 20,000/- within three weeks, of which Rs. 15,000/- payable to opposite party no. 2 on appearance and Rs. 5,000/- to the Centre — Mediation Centre to submit report within three months — till the next date of listing, no coercive action against the applicant — stay to lapse automatically if the deposit is not made within the stipulated period (Tej Pratap Tiwari, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 314 of 2026

Smt Shiv Dulari And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

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

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Sandeep Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 BNNS has been filed to quash the entire criminal proceedings of Case No. 7927 of 2024 (State Vs. Arjun & others), initiated and registered against the applicants on the basis of charge sheet no. 164 of 2018 dated 23.12.2018, (arising out of Case Crime No. 200 of 2017), under Sections 498A, 323 of IPC and 3/4 D.P Act, Police Station- Kalyanpur, District Fatehpur as well as cognizance order dated 19.04.2024, pending in the court of Civil Judge (J.D.)/FTC (Offence against Women), Fatehpur.

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

Learned counsel for the applicant submits that the matter relates to matrimonial dispute 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.

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.

NA528 No. 314 of 2026

2

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court, the applicant will deposit Rs.20,000/- within three weeks at the Mediation Centre. After deposit of the aforesaid amount, office shall send a notice to the opposite party no.2 calling upon him to file counter affidavit. Out of Rs.20,000/-, Rs.15,000/- shall be payable to the opposite party no.2 on his appearance before the Mediation and Conciliation Centre and remaining Rs.5000/- 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 applicant 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.

(Tej Pratap Tiwari,J.)

January 16, 2026

PS

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad