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2025 DAILYLAW 24578 (ALL)

DEVENDRA RAI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/6623/2024 · 2025-09-21

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 6623 of 2024 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Dharm Jeet Singh, learned counsel for the applicants, Sri S.K. Singh, learned A.G.A. for the State and Ms. Pooja for the O.P. No.2. 2. This is an application u/s 482 of CrPC preferred by the applicants for quashing the entire proceedings of Complaint Case No.767/2022 (Nikki Tiwari Vs. Devendra Rai & others) under sections 323, 498-A of I.P.C. and section 3/4 D.P. Act, Police Station Banshdeeh Road, District Ballia, pending in the court of Judicial Magistrate-I, Ballia. 3. This Court on 12.03.2024 proceeded to pass the following order:- "1. Heard learned counsel for the applicant and Sri Sunil Kumar Kishwaha, learned AGA for the State. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the further proceeding of complaint Case No.767 of 2022, under Section 323, 498A IPC and Section 3/4 D.P. Act, Police Station Banshdeeh Road, District Ballia pending in the court of Judicial Magistrate-I, Ballia. 3. Contention of learned counsel for the applicants is that the present matter is matrimonial dispute and the same can be amicably settled through mediation proceeding and a request is made to refer this case to Mediation and Conciliation Centre of this Court. 4. Issue notice to the opposite party no. 2, returnable at an early date. 5. In view of the above, it is directed that applicants shall deposit a sum of Rs. 35,000/- within 10 days from today with the Mediation Centre of this Court out of which Rs. 30,000/- shall be paid to opposite party no. 2, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- be retained by the Mediation Centre as mediation fee. 6. The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicants, it shall issue notice to the parties fixing some date Versus Counsel for Applicant(s) : Dharm Jeet Singh Counsel for Opposite Party(s) : G.A., Pooja Devendra Rai And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months. 7. 7. List this case in the week commencing 13th May, 2024 before the appropriate Bench along with the report of Mediation Centre. 8. After depositing Rs.35,000/- before mediation centre, the receipt of the same shall be submitted by the applicants before the court below. In case, such receipt of deposit is filed before the court below then, no coercive action shall be taken against the applicants in the aforesaid case, till next date of listing. 9. In case, the applicants fail to submit the receipt of deposit before the court below then court below will be free to proceed in the matter. 10. It is made clear that in case there occurs default by the applicants 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. " 4. There happens to be a report of Allahabad High Court Mediation Centre, wherein it has been asserted that mediation completed, no agreement. However, the learned counsel for the applicant has invited attention of the Court towards the supplementary affidavit dated 17.08.2025 so as to contend that there happens to be mediation before the District Court itself and further the application under Section 13-B of the Hindu Marriage Act came to be preferred and had been decreed and according to him, settlement was with respect to Rs.5,00,000/- and the parties were to withdraw their respective cases. Learned counsel for the applicants submits that now there is no dispute or difference between the parties so the applicant seeks indulgence of this Court to file compromise application before the court below, and the court below be directed to verify the same and till the verification is done, protection be accorded. 5. Ms. Pooja, learned counsel for the O.P. no.2 does not dispute the said fact. Learned State Law Officer submits that once parties have entered into an agreement to the said extent then he has no objection. 6. Considering the submissions so made across the Bar, in the interest of justice, the application stands disposed of requiring the applicants (parties) to appear before the court below along with the self-attested copy of the application under Section 482 of CrPC, certified copy of the order and original copy of the compromise by 17.10.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to A482 No. 6623 of 2024 2 appear for verifying the compromise. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicants with respect to Complaint Case No.767/2022 ( Nikki Tiwari Vs. Devendra Rai & others) under sections 323, 498-A of I.P.C. and section 3/4 D.P. Act, Police Station Banshdeeh Road, District Ballia, pending in the court of Judicial Magistrate-I, Ballia. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein. 8. In case of default, protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. September 22, 2025 N.S.Rathour A482 No. 6623 of 2024 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad