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2025 DAILYLAW 192324 (ALL)

MOHD FAISAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/39323/2025 · 2025-10-09

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39323 of 2025 Court No. - 79 (SL No.3) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Indra Deo Mishra, learned counsel for the applicants and Sri Prashant Saxena, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS was filed seeking quashing of the charge-sheet dated 26.10.2022 as well as cognizance/summoning order dated 09.05.2023 passed in Case No. 352 of 2023 (State vs. Mohd. Faisal and Others) arising out of Case Crime No. 309 of 2022 under Sections 498A, 323 I.P.C. and 3/4 of the D.P. Act, P.S.- Phaphamau, District- Prayagraj, pending in the court of Additional Civil Judge (Junior Division), Court No.21, Prayagraj. 3. Learned counsel appearing for the applicants submits that the applicant no.1 is the husband of the opposite party no.2. Since, there was some matrimonial discord between the parties, the opposite party no.2 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. 35,000/- 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. 2 to appear before the Mediation and Conciliation Centre of this Court. Out of aforesaid amount, a sum of Rs. 10,000/- shall be payable to the opposite party no.2 on her first Versus Counsel for Applicant(s) : Alok Kumar Dwivedi, Indra Deo Mishra, Pankaj Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mohd Faisal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) appearance; Rs. 10,000/- on her second appearance and Rs. 10,000/- 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 06.02.2026 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. October 10, 2025 Shubham Arya NA528 No. 39323 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad