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2025 DAILYLAW 171676 (ALL)

SMT. RAMA SHARMA AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/42370/2025 · 2025-10-29

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42370 of 2025 Court No. - 79 (SL No.19) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Sudhir Dixit, learned counsel for the applicants and Sri Kamlesh Kumar Tripathi learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet dated 14.06.2025 as well as impugned cognizance/summoning order dated 06.10.2025 passed in Criminal Case No. 166 of 2025 (State vs. Rupesh and Ors.) arising out of Case Crime No. 63 of 2025 under Sections 85, 115(2), 351(2), 316(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Hathras, pending in the court of learned Magistrate Civil Judge (Junior Division), FTC-2nd, Hathras. 3. Learned counsel appearing for the applicants submits that the applicant no.3 is the husband of the opposite party no.3. Since, there was some matrimonial discord between the parties due to which the opposite party no.3 has filed instant F.I.R. against the applicants herein. Looking at the nature of dispute which is purely a matrimonial dispute this Court finds it appropriate to refer the matter to the Mediation Centre attached to this Court so that the parties can settle their disputes and differences amicably. 4. Accordingly, the matter is referred to Mediation & Conciliation Centre, High Court for settlement of dispute amicably. 5. The applicants are directed to deposit a sum of Rs. 55,000/- 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 two weeks from today. After deposit of the aforesaid amount, the Mediation Centre shall send a notice to the opposite party no. 3 to appear before the Mediation and Conciliation Centre of this Court. Out of aforesaid Versus Counsel for Applicant(s) : Anupam Shyam Dwivedi, Sudhir Dixit, Utkarsh Dixit Counsel for Opposite Party(s) : G.A. Smt. Rama Sharma And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) amount, a sum of Rs. 15,000/- shall be payable to the opposite party no.3 on her first appearance; Rs. 15,000/- on her second appearance and Rs. 20,000/- on her third appearance or final settlement, whichever is earlier before the Mediation and Conciliation Centre. The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of Mediation. The Mediation Centre shall submit its report in the matter within three months. 6. The parties may contact the Coordinator of the Mediation Centre on Mobile No. 9554303060 as well as E-Mail ID- ahcmccmediationcampaign2025@gmail.com. 7. List this case on 24.02.2026 in the daily cause list. 8. In view of the fact as noted above and that the matter has been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, as an interim measure it is provided that no coercive action shall be taken against applicants till the next date of listing, from the date of deposit of amount as directed herein above. 9. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the protection granted to the applicants shall automatically stand vacated and the instant application under Section 528 BNSS shall stand dismissed, without any further reference to the Court. 10. If the mediation is successful and amount is determined to be paid to the opposite party no.3, then, the amount paid during the mediation proceedings shall also be adjusted in the said amount. (Anish Kumar Gupta,J.) October 30, 2025 Shubham Arya NA528 No. 42370 of 2025 2 Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad