Mohd Umar and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Mohd Umar and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief: no coercive action against the applicants till the next date of listing; matter referred to the Mediation & Conciliation Centre with Rs.30,000/- deposit within three weeks (failing which the stay order automatically ends); case to be listed after three months with the mediation report.

Issue for consideration

Whether the charge sheet dated 16.07.2022, cognizance and summoning order dated 10.09.2025 and the entire proceedings of Criminal Case No. 54671 of 2025 arising out of Case Crime No. 143 of 2025 should 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; if the directed amount is not deposited within the stipulated period, the stay order shall automatically come to an end.

Ratio / Principle

Being satisfied that the nature of the litigation affords a chance of resolution through mediation, the Court referred the matter to the Mediation & Conciliation Centre of the High Court.

Key takeaways

Applicants directed to deposit Rs.30,000/- 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.25,000/- is payable to opposite party no.2 on her appearance before the Centre and Rs.5,000/- to the Centre; upon deposit, notice issuing counter affidavit to opposite party no.2; mediation report within three months.ratio¶19
Case to be listed after three months along with the report of the Mediation Centre.ratio¶20

Detailed headnote1 paragraphs

Application under Section 528 BNSS seeking quashing of charge sheet dated 16.07.2022, cognizance and summoning order dated 10.09.2025 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.4, Moradabad, and entire proceedings of Criminal Case No. 54671 of 2025 arising out of Case Crime No. 143 of 2025 (Police Station Kanth, District Moradabad) under Sections 85, 115(2), 74, 352, 351(3) B.N.S., Section 3/4 D.P. Act, 1961 and 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Counsel submitted the dispute is matrimonial and fit for mediation; the Court, being satisfied there was a chance of resolution through mediation, referred the matter to the Mediation & Conciliation Centre of the High Court, directing the applicants to deposit Rs.30,000/- by Demand Draft/pay order in the name of Registrar General A/c within three weeks (Rs.25,000/- thereof to opposite party no.2 on her appearance, Rs.5,000/- to the Centre), notice for counter affidavit to issue to opposite party no.2 after deposit, and mediation report within three months. Case listed after three months with the mediation report. Till the next date of listing, no coercive action against the applicants; the stay order to come to an end automatically if the amount is not deposited within the stipulated period. (Tej Pratap Tiwari, J.; March 19, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9857 of 2026

Mohd Umar And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Anwar Hussain
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 charge sheet dated 16.07.2022, cognizance and summoning order dated 10.09.2025 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.4, Moradabad and entire proceedings of Criminal Case No. 54671 of 2025 (State Versus Mohd. Umar and four others) arising out of Case Crime No. 143 of 2025 under Sections 85, 115(2), 74, 352, 351(3) B.N.S., Section 3/4 D.P. Act, 1961 and 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 Police Station Kanth, District Moradabad.

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.30,000/- by way of

NA528 No. 9857 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.30,000/-, Rs.25,000/- 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 19, 2026 MN/-

(Tej Pratap Tiwari,J.)

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