Rajendra Kumar Gupta and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Rajendra Kumar Gupta and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application not decided on merits; matter referred to the Mediation and Conciliation Centre, High Court, Allahabad with conditional interim stay of Criminal Case No. 39429 of 2025 and the cognizance/summoning order dated 18.11.2025 till 14.07.2026, subject to deposit of Rs.30,000/- within three weeks and participation in mediation, failing which the stay stands automatically vacated; case to be listed fresh on 14.07.2026 with the mediator's report.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 39429 of 2025 (arising out of Case Crime No. 120 of 2025, Sections 115(2), 351(2), 333, 74 B.N.S.) and the cognizance/summoning order dated 18.11.2025 of the Chief Judicial Magistrate, Firozabad should be quashed under Section 528 BNSS. +1 more

Court's answer

Till the next date of listing (fixed as 14.07.2026 with the mediator's report), the proceedings of Criminal Case No. 39429 of 2025 and the cognizance/summoning order dated 18.11.2025 pending before the Chief Judicial Magistrate, Firozabad shall remain stayed.

Ratio / Principle

On the basis of the record and submissions, the Court was satisfied that the nature of the litigation (a matrimonial dispute) is such that there is a chance to resolve the matter through mediation and that an attempt ought to be made to explore that possibility.

Key takeaways

The matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad, with the applicant directed to deposit Rs.30,000/- within three weeks; on deposit, notices were to issue to both parties returnable within four weeks, Rs.27,000/- to be handed to the wife on her first appearance and Rs.3,000/- retained by the Centre; the mediator was allowed three months to send a report on the outcome.ratio¶12
In case of default in depositing the amount as ordered or non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.ratio¶19

Detailed headnote1 paragraphs

Quashing application under Section 528 BNSS against Criminal Case No. 39429 of 2025 (arising out of Case Crime No. 120 of 2025, Sections 115(2), 351(2), 333, 74 B.N.S., Police Station Firozabad North, District Firozabad) and the cognizance/summoning order dated 18.11.2025 of the Chief Judicial Magistrate, Firozabad. Counsel stated the matter is a matrimonial dispute and applicant no. 1 (husband) was willing to settle amicably, offering Rs. 30,000/- for the wife. The Court, satisfied that the dispute was capable of resolution through mediation, referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad, directing deposit of Rs.30,000/- within three weeks (Rs.27,000/- to the wife on first appearance; Rs.3,000/- retained by the Centre), notices returnable in four weeks, and three months to the mediator for a report. Proceedings and the summoning order were stayed till 14.07.2026, the stay to stand automatically vacated on default in deposit or non-participation in mediation. The quashing prayer itself was not decided on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 52224 of 2025

Rajendra Kumar Gupta And 2 Others

.....Applicant(s)

	Versus
Counsel for Applicant(s) State of U.P. and Another	:	Surendra Kumar Yadav .....O
Counsel for Opposite Party(s)	:	G.A.

.....Opposite Party(s)

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Sri Surendra Kumar Yadav, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 39429 of 2025, arising out of Case Crime No. 120 of 2025, under Sections 115(2), 351(2), 333, 74 of B.N.S., Police Station- Firozabad North, District- Firozabad, as well as cognizance/ summoning order dated 18.11.2025 pending in the Court of Chief Judicial Magistrate, Firozabad.

Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant no. 1 (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

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 being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant will deposit Rs.30,000/-

NA528 No. 52224 of 2025

2

within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs.27,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs.3,000/- will remain deposited with the Mediation Centre.

The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

Put up this case as fresh on 14.07.2026 along with report of the mediator.

Till the next date of listing, proceeding of Criminal Case No. 39429 of 2025, arising out of Case Crime No. 120 of 2025, under Sections 115(2), 351(2), 333, 74 of B.N.S., Police Station- Firozabad North, District- Firozabad, as well as cognizance/ summoning order dated 18.11.2025 pending in the Court of Chief Judicial Magistrate, Firozabad, shall remain stayed.

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

February 23, 2026 Ishan

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad