Shudhish Kumar @ Sudheer Kumar And 2 Others State of U.P & Anr. v. Shudhish Kumar) under sections 498-A & Ors.

Heard Sri Krishna Shankar, learned counsel for the applicants and Sri P. P. Pandey, learned A.G.A. for the State.

The present 528 BNSS application has been filed to quash the summoning order dated 21.08.2023 as well as the entire criminal proceeding in complaint case No.671/2022 (Sudha Devi Vs. Shudhish Kumar & others) under sections 498-A, 323 Indian Penal Code, & Section 4 of Dowry Prohibition Act, police station Achhalda, District Auraiya, pending in the court of Civil Judge (Junior Division/Judicial Magistrate, Auraiya, District Auraiya.

Learned counsel for the applicants submits that the dispute pertains to matrimonial. Applicant No.1 is husband of opposite party No.2. There is chances to settle the matter between the parties if the matter is being referred to Mediation Centre.

At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

It is directed that applicants shall deposit a sum of Rs.30,000/- within two weeks from today with the Mediation Centre of which Rs.25,000/- shall be paid to the opposite party no.2 (wife of applicant No.1) for 2 NA528 No. 364 of 2026 appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.

Subject to the applicants depositing the amount of Rs.30,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.

After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. January 9, 2026 Nitin Verma (Deepak Verma,J.)