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

Rukhsana and 2 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 action against the applicants till the next date of listing, conditional on deposit of Rs. 20,000/- within three weeks; matter referred to the Mediation & Conciliation Centre, High Court of Judicature at Allahabad, with the mediation report due within three months and the case to be relisted thereafter.

Issue for consideration

Whether the summoning order dated 21.11.2024 passed by the Judicial Magistrate, Aligarh in Criminal Case No. 1844 of 2024, the charge-sheet dated 21.09.2024 and the entire criminal proceeding are liable to be quashed. +1 more

Court's answer

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Ratio / Principle

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

Key takeaways

The matter was referred to the Mediation & Conciliation Centre of the High Court, with the applicants directed to deposit Rs. 20,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within three weeks.ratio¶16
Of the Rs. 20,000/- deposit, Rs. 15,000/- is payable to opposite party no. 2 on her appearance before the Mediation and Conciliation Centre and the remaining Rs. 5,000/- to the Centre; the Mediation Centre is to submit its report within three months.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.), Application U/S 528 BNSS No. 4529 of 2026, decided February 11, 2026: Application under Section 528 BNSS seeking quashing of the summoning order dated 21.11.2024 passed by the Judicial Magistrate, Aligarh in Criminal Case No. 1844 of 2024 (State Versus Imran and others) and charge-sheet dated 21.09.2024, whereby the applicants were summoned to face trial under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 D.P. Act, 1961 and Section 3/4 of The Muslim Women (Protection of Rights On Marriage) Act, P.S. Qwarsi, District Aligarh. Held, the dispute being matrimonial in nature, the matter was referred to the Mediation & Conciliation Centre of the High Court; applicants directed to deposit Rs. 20,000/- by Demand Draft / pay order in the name of Registrar General A/c within three weeks, out of which Rs. 15,000/- is payable to opposite party no. 2 on her appearance before the Centre and Rs. 5,000/- to the Centre; mediation report within three months; till the next date of listing no coercive action against the applicants; the stay to lapse automatically on failure to deposit; case to be listed after three months with the mediation report.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 4529 of 2026

Rukhsana And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Amit Kumar, Brij Raj
Counsel for Opposite Party(s)	: G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard 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 impugned order dated 21.11.2024 passed by Judicial Magistrate, Aligarh in Criminal Case No. 1844 of 2024 (State Versus Imran andothers), by which summoned the applicants to face trial under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 D.P. Act,1961 and 3/4 of The Muslim Women (Protection of Rights On Marriage) Act, 2029, Police Station Qwarsi, District Aligarh and charge-sheet dated 21.09.2024 and also entire criminal proceeding pending in the court of Judicial Magistrate,Aligarh.

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

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.

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.20,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad

NA528 No. 4529 of 2026

2

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.20,000/-, Rs.15,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation and Conciliation Centre 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.

February 11, 2026 MN/-

(Tej Pratap Tiwari,J.)

Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad