Smt Girija Devi and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Smt Girija Devi and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only: matter referred to the Mediation & Conciliation Centre of the Court with directions 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 report within three months; no coercive action against applicants till the next date of listing, with the stay standing automatically terminated on failure to deposit; case to be listed after three months. The quashing prayer was not decided.

Issue for consideration

Whether the charge sheet dated 28.04.2025, the summoning order dated 20.08.2025 and the entire proceedings of Criminal Case No. 45318 of 2025 arising out of Case Crime No. 04 of 2025 should 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 criminal case; the quashing prayer itself was not decided at this stage.

Ratio / Principle

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

Key takeaways

The matter was referred to the Mediation & Conciliation Centre of the 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 deposited amount, Rs. 15,000/- is payable to opposite party no. 2 on her appearance before the Mediation and Conciliation Centre and Rs. 5,000/- to the Centre; the Mediation Centre is to submit its report within three months, and the case is to be listed after three months along with the report.ratio¶19
The interim stay is conditional: if the directed amount is not deposited by the applicants within the stipulated period, the stay order shall automatically come to an end.

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.), Application U/S 528 BNSS No. 8909 of 2026, Smt Girija Devi and 3 others v. State of U.P. and another, decided March 20, 2026: Applicants sought quashing of the charge sheet dated 28.04.2025 and summoning order dated 20.08.2025 passed by the Chief Judicial Magistrate, Varanasi, and of the entire proceedings of Criminal Case No. 45318 of 2025 (State vs. Abhishek Maurya and others), arising out of Case Crime No. 04 of 2025, Police Station Sigra, District Varanasi, under Sections 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act against applicant nos. 1, 2 and 4, and under Sections 498-A, 504, 506, 354Ga I.P.C. and Section 3/4 D.P. Act against Prince Kumar. Noting that the dispute was matrimonial in nature, the Court found a chance of resolution through mediation and referred the matter to the Mediation & Conciliation Centre of the Court, directing the applicants to deposit Rs. 20,000/- within three weeks by Demand Draft/pay order in the name of Registrar General A/c, of which Rs. 15,000/- is payable to opposite party no. 2 on her appearance and Rs. 5,000/- to the Centre, the Centre to report within three months. Till the next date of listing, no coercive action was to be taken against the applicants; the stay was to automatically come to an end if the deposit was not made within the stipulated period. Case to be listed after three months with the mediation report.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8909 of 2026

Smt Girija Devi And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Abhai Singh, Virendra Singh
Counsel for Opposite Party(s)	:

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 28.04.2025 and summoning order dated 20.08.2025 passed by Chief Judicial Magistrate, Varanasi as well as entire proceeding of Criminal Case No. 45318 of 2025 (State vs. Abhishek Maurya and others) arising out of Case Crime No. 04 of 2025 under Sections 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act against applicant nos. 1, 2 and 4 and under Sections 498-A, 504, 506, 354Ga I.P.C. and Section 3/4 D.P. Act against Prince Kumar, Police Station Sigra, District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi.

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

NA528 No. 8909 of 2026

2

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.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.

March 20, 2026 MN/-

(Tej Pratap Tiwari,J.)

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