Jaid Khan vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Jaid Khan vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order (application pending, not finally decided): notice issued to opposite party no. 2; applicant to deposit Rs. 25,000/- with the Mediation Centre (Rs. 20,000/- to opposite party no. 2, Rs. 5,000/- mediation fee); matter remitted to the Mediation Centre to conclude mediation preferably within three months; no coercive action against the applicant till the next date of listing, subject to the default clause; matter to be listed after expiry of the said period along with the Mediation Centre report.

Issue for consideration

Whether the cognizance / summoning order dated 9.102.205, the chargesheet dated 6.6.2025, and the entire proceedings of Criminal Case No. 18925 of 2025 arising out of Case Crime No. 101 of 2025 (S.79 B.N.S. and S.67 I.T. Act, P.S. Bhawanpur, District Meerut) are liable to be quashed. +1 more

Court's answer

Notice issued to opposite party no. 2, returnable at an early date, with steps to be taken within a week.

Ratio / Principle

Applicant directed to deposit Rs. 25,000/- within ten days with the Mediation Centre of the Court, out of which Rs. 20,000/- is to be paid to opposite party no. 2 on the date fixed for her appearance before the Mediation Centre and Rs. 5,000/- retained as mediation fee.

Key takeaways

Matter remitted to the Mediation Centre, which is to issue notice to the parties and make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within three months of the deposit.ratio¶17
Interim protection: till the next date of listing, no coercive action shall be taken against the applicant in the above mentioned case.ratio¶19
Default clause: in case of default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the case is to be listed within a week before the appropriate Bench.

Detailed headnote1 paragraphs

Interim order (Vivek Kumar Singh, J., High Court of Judicature at Allahabad, March 20, 2026) in APPLICATION U/S 528 BNSS No. 8947 of 2026, Jaid Khan vs. State of U.P. and Another. Applicant sought quashing of the cognizance / summoning order dated 9.102.205 and chargesheet dated 6.6.2025 and the entire proceedings of Criminal Case No. 18925 of 2025 (State vs. Jaid Khan and others), arising out of Case Crime No. 101 of 2025 under Section 79 of B.N.S. and Section 67 of I.T. Act, Police Station Bhawanpur, District Meerut, pending before Judicial Magistrate-II, Meerut. Learned counsel stated there was every possibility of mediation. The Court issued notice to opposite party no. 2 (steps within a week), directed the applicant to deposit Rs. 25,000/- with the Mediation Centre within ten days (Rs. 20,000/- payable to opposite party no. 2 on the date fixed for her appearance, Rs. 5,000/- retained as mediation fee), remitted the matter to the Mediation and Conciliation Centre to conclude proceedings expeditiously, preferably within three months, and directed listing thereafter with the Centre's report. Till the next date of listing, no coercive action was to be taken against the applicant; the interim order ceases to operate on default in deposit or appearance, upon which the matter is to be listed within a week. The quashing prayer itself was not decided on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8947 of 2026

Jaid Khan

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd Hamid
Counsel for Opposite Party(s)	: G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the applicant and learned A.G.A. appearing for the State respondents.

Present application under Section 528 BNSS has been preferred for quashing the cognizance / summoning order dated 9.102.205 and chargesheet dated 6.6.2025 as well as entire proceeding of Criminal Case No. 18925 of 2025 (State vs. Jaid Khan and others) arising out of Case Crime No. 101 of 2025, under Section 79 of B.N.S. and Section 67 of I.T. Act, Police Station Bhawanpur, District Meerut pending before Judicial Magistrate-II, Meerut.

Learned counsel for the applicant states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

Issue notice to the opposite party no. 2, returnable at an early date. Steps may be taken within a week.

In view of the above, it is directed that applicant shall deposit a sum of Rs. 25,000/- within ten days from today with the Mediation Centre of this Court out of which Rs. 20,000/- shall be paid to the opposite party no. 2 on the date fixed, for her appearance before the Mediation Centre and Rs. 5,000/- shall be retained by the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre with the direction that

NA528 No. 8947 of 2026

2

after deposit of such amount, by the applicant, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.

List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the applicant in the above mentioned case.

It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

(Vivek Kumar Singh,J.)

March 20, 2026

Lalit Shukla

Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad