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

Smt Manju Devi 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 Allahabad High Court; applicants to deposit Rs. 25,000/- by Demand Draft/pay order in the name of Registrar General A/c within three weeks (Rs. 20,000/- payable to opposite party no. 2 on her appearance, Rs. 5,000/- to the Centre); Mediation Centre to report within three months; case to be listed after three months with the mediation report; till the next date of listing, no coercive action against the applicants, subject to the deposit being made, failing which the stay automatically ends.

Issue for consideration

Whether the charge sheet dated 21.12.2023 along with the cognizance and summoning order dated 06.08.2024 in Criminal Case no. 1528 of 2024 (arising out of Case Crime No. 517 of 2023) ought to be quashed. +1 more

Court's answer

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

Ratio / Principle

The Court, being satisfied on the record and submissions that there is a chance to resolve the matrimonial dispute through mediation, referred the matter to the Mediation & Conciliation Centre of the High Court, with the applicants to deposit Rs. 25,000/- by Demand Draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within three weeks; of this, Rs. 20,000/- is payable to opposite party no. 2 on her appearance and Rs. 5,000/- to the Centre; the Mediation Centre to submit its report within three months.

Key takeaways

The Court was satisfied, on the basis of the record and the submissions made before it, that the nature of the litigation is such that there is a chance to resolve the matter through the process of mediation and an attempt ought to be made to explore that possibility.ratio¶12
If the directed amount is not deposited by the applicants within the stipulated period, the stay order shall automatically come to an end.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.) — Application under Section 528 BNSS seeking quashing of charge sheet dated 21.12.2023 and cognizance/summoning order dated 06.08.2024 in Criminal Case no. 1528 of 2024 (State vs. Amit Sharma and others), arising out of Case Crime No. 517 of 2023, under Sections 498-A, 323, 324, 504, 406 I.P.C. and Section 3/4 D.P. Act, Police Station Jagdishpura, District Agra — dispute matrimonial in nature — Court satisfied that there is a chance to resolve the matter through mediation — matter referred to the Mediation & Conciliation Centre of the High Court — applicants directed to deposit Rs. 25,000/- by Demand Draft/pay order in the name of Registrar General A/c within three weeks, of which Rs. 20,000/- payable to opposite party no. 2 on her appearance and Rs. 5,000/- to the Centre — mediation report within three months; case to be listed after three months with the report — till the next date of listing, no coercive action against the applicants — stay to lapse automatically if the deposit is not made within the stipulated period — the quashing question itself left open for consideration after the mediation report.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 7835 of 2026

Smt Manju Devi And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Lalit Kumar Srivastava
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 charge sheet dated 21.12.2023 along with cognizance and summoning order dated 06.08.2024 in Criminal Case no. 1528 of 2024 (State vs. Amit Sharma and others) arising out of Case Crime No. 517 of 2023, under Sections 498-A, 323, 324, 504, 406 I.P.C. and Section 3/4 D.P. Act, Police Station Jagdishpura, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Agra.

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.

NA528 No. 7835 of 2026

2

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court, applicants are directed to deposit a sum of Rs.25,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad 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.25,000/-, Rs.20,000/- 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.

(Tej Pratap Tiwari,J.)

February 24, 2026

Manoj

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad