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2025 DAILYLAW 200871 (ALL)

SAJID AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39967/2025 · 2025-10-14

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39967 of 2025 Court No. - 79 (Sl.No.10) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Rakesh Kumar Pandey, learned counsel for the applicants and Sri Uma Dutt Shukla, learned A.G.A. for the State. 2. Challenge in this application under Section 528 BNSS is to the charge sheet dated 03.11.2023 as well as summoning order dated 10.05.2024 in Case No.8160 of 2024 (State vs. Sajid Khan and others) arising out of Case Crime No. 265 of 2023, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District Jhansi. 3. Learned counsel for applicants submits that the applicant no.1 is the husband of opposite party no.2. There was a matrimonial discord between the applicant no.1 and the opposite party no.2, due to which the instant FIR was lodged by the opposite party no.2 against all the applicants. Learned counsel for the applicants submits that if an opportunity is granted to the parties, there is a possibility of amicable settlement of entire matrimonial dispute between the parties if the matter is sent to mediation centre of this Court. 4. Learned counsels for the parties admit that there are chances of reconciliation between the parties. 5. In view of the aforesaid submission, the instant case is referred to Mediation and Conciliation Centre of this Court subject to deposit of a Versus Counsel for Applicant(s) : Ashish Kumar Dubey, Rakesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Sajid And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) sum of Rs.55,000/- by the applicants 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 three weeks from today. After deposit of the aforesaid amount, the Mediation Centre shall send a notice to the opposite party no.2 fixing 14.11.2025 to appear before the Mediation and Conciliation Centre of this Court on the date fixed in the notice. Out of aforesaid amount, a sum of Rs. 20,000/- shall be payable to the opposite party no.2 on her first appearance, Rs. 15,000/- on her second appearance and Rs.15,000/- 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 the Coordinator of the Mediation Centre on Mobile No. 9554303060 as well as E-Mail ID- ahcmccmediationcampaign2025@gmail.com. 7. List this case on 11.02.2026 before the appropriate Bench. 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 482 Cr.P.C. 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.2, then, the amount paid during the mediation proceedings shall also be adjusted in the said amount. October 15, 2025 Ashish Pd. NA528 No. 39967 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad