Ashwani Sharma and 5 Others v. State of U.P. and Another

Allahabad HC20 Apr 2026NA528/44538/2025

Case brief

AI extract

What is this about?

Quash charge sheet cognizance order 498A 307 506 IPC Section 3/4 DP Act dowry matrimonial dispute mediation referral AHCMCC Mediation & Conciliation Centre Allahabad High Court interim protection no coercive measures deposit Rs. 25,000 legal expenses auto vacate Case Crime No. 1 of 2003 Bhrampuri Meerut CJM Special Court Section 528 BNSS Nand Prabha Shukla listed 27.07.2026.

What did the court decide?

Application not finally decided; matter referred to the Mediation & Conciliation Centre, High Court, Allahabad (report due within three months); interim protection granted that no coercive measures be taken against the applicants, conditional on deposit of Rs. 25,000/- within four weeks failing which the protection automatically vacates; case listed on 27.07.2026 with the mediation report. ¶¶16

Ashwani Sharma and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Charge Sheet dated 20.03.2003, the Cognizance Order dated 2.5.2003 and the entire proceedings of Case No. 2409/9 of 2003 (New No.4602239 of 2013), Case Crime No. 1 of 2003 (sections 498A, 307, 506 I.P.C.; Section 3/4 D.P. Act), pending before the Chief Judicial Magistrate (Special Court Meerut), Meerut, should be quashed. +1 more

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Court's answer

The court did not decide the quashing prayer at this stage; upon the applicants' consent, the matter was referred to the Mediation & Conciliation Centre of the High Court, with directions that notices be given to both parties and the Centre submit its report within three months.

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Ratio / Principle

Applicant no.1 was directed to deposit Rs. 25,000/- by Demand Draft/Pay Order in the name of the Allahabad High Court Mediation & Conciliation Centre (AHCMCC) within four weeks, out of which Rs. 20,000/- is payable to opposite party no. 2 as legal expenses and Rs. 5,000/- to the Mediation & Conciliation Centre.

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Key takeaways

Interim protection granted: no coercive measures shall be taken against the applicants till the next listing (27.07.2026, along with the mediation report).ratio¶¶16
If the directed deposit is not made within the stipulated period of four weeks, the interim protection shall automatically stand vacated.ratio¶¶17

Detailed headnote1 paragraphs

Application u/s 528 BNSS No. 44538 of 2025 (Court No. 78), High Court of Judicature at Allahabad — Ashwani Sharma and 5 others v. State of U.P. and Another. Applicants sought quashment of the Charge Sheet dated 20.03.2003, Cognizance Order dated 2.5.2003 and entire proceedings of Case No. 2409/9 of 2003 (New No.4602239 of 2013), Case Crime No. 1 of 2003 under sections 498A, 307, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Bhrampuri, District Meerut, pending before the Chief Judicial Magistrate (Special Court Meerut), Meerut. Learned counsel for the applicants consented to reference of the matrimonial dispute to mediation. Nand Prabha Shukla, J. (order dated April 20, 2026) referred the matter to the Mediation & Conciliation Centre of the High Court, directed applicant no.1 to deposit Rs. 25,000/- (Rs. 20,000/- to opposite party no. 2 as legal expenses, Rs. 5,000/- to the Centre) within four weeks, ordered notices to both parties and a mediation report within three months, listed the case on 27.07.2026 with the report, and granted interim protection that no coercive measures be taken against the applicants, such protection to automatically stand vacated on failure to deposit within the stipulated period.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 44538 of 2025

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Ashwani Sharma And 5 Others

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Abhishek, G.A. Counsel for Opposite Party(s) :

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Court No. - 78

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HON'BLE NAND PRABHA SHUKLA, J.

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

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The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and quash the Charge Sheet dated 20.03.2003 as well as Cognizance Order dated 2.5.2003 and entire proceedings of Case No. 2409/9 of 2003 (New No.4602239 of 2013) Case Crime No. 1 of 2003 under sections 498A, 307, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Bhrampuri, District- Meerut pending in the court of Chief Judicial Magistrate (Special Court Meerut), Meerut.

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

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Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant no.1 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 & Conciliation Centre (AHCMCC) within a period of four weeks from today. Out of total amount, Rs. 20,000/- shall be payable to the opposite party no. 2 as legal expenses on her appearance before the Mediation & Conciliation Centre and remaining Rs. 5,000/- shall be payable to the Mediation & Conciliation Centre.

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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. The Mediation Centre will submit its report within three months in the matter.

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