State of U.P. and Another vs Party(s)

2. Vakalatnama has been filed on behalf of Shri Saurabh Kumar (A/S 2100/22), counsel for opposite party no.2, is taken on record.

3. Heard Shri Amir Khan, learned counsel for the applicants and Sri S.K. Singh, learned AGA/State Law Officer for the State.

4. This application under Section 482 Cr.PC. has been filed by the applicants to quash tthe charge sheet No. 520 of 2019 dated 27.6.2019 as well as entire proceedings of Criminal Case No. 5233 of 2019 (State vs Shoeab and others) arising out of Case Crime No. 219 of 2019, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bulandshahar pending in the court of learned CJM, Bulandshahar.

5. This Court on 06.08.2019 proceeded to pass the following orders: "Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge sheet No. 520 of 2019 dated 27.6.2019 as well as entire proceedings of Criminal Case No. 5233 of 2019 (State vs Shoeab and others) arising out of Case Crime No. 219 of 2019, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bulandshahar pending in the 2 A482 No. 30426 of 2019 court of learned CJM, Bulandshahar. It is submitted by the learned counsel for the applicants that there is a matrimonial dispute between the parties. Applicants are willing to settle the matter through mediation, therefore, an opportunity be granted to the parties concerned for reconciliation/settlement of their disputes by way of mediation. This Court owes a duty to the society to strain to utmost to repair the frayed relations between the husband and wife, so that wounded situation may be healed into healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. The Apex Court in case of B.S. Joshi Vs. State of Haryana; 2003 (4) SCC 675 has also observed that courts to encourage settlement of marital disputes between the contesting spouses, so that they do not lose their youthful years in chasing interminable litigations. In view of above, I agree with the submission advanced on behalf of the applicants and feel that the interest of justice would be served, if such request of the applicants is acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end. The matter is referred to Mediation & Conciliation Centre of this Court. The applicant No. 1, namely, Shoeab (husband) is directed to deposit a sum of Rs. 15,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In- charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid money by the applicant No. 1, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. Out of aforesaid amount, a sum of Rs. 13,000/- shall be payable to the opposite party no.2, namely, Smt Sayna on her appearance before the Mediation and Conciliation Centre. The remaining amount of Rs. 2,000/- shall be payable to the Mediation Centre. The Mediation Centre will submit its report in the matter within two months. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 3 A482 No. 30426 of 2019 List immediately after expiry of two months before the appropriate Bench alongwith the report of Mediation and Conciliation Centre, High Court, Allahabad. Till the next date of listing, further proceedings against the applicants in the aforesaid case shall remain stayed subject to following conditions:- (i) The applicant No. 1 after deposit of aforesaid amount within the said period shall submit a proof of deposit of said amount before the concerned court below. (ii) In case, the said amount, as directed above, is not deposited by the applicant No. 1 within the aforesaid period, the stay order passed by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants."

6. There is an office report that mediation has failed.

7. A compromise affidavit is taken on record dated 16.07.2025 which mentioned that the parties have themselves compromised out of the Court on

22.11.2024 (Annexure-SA-1 at page 6) and onwards reference whereof has been made in paragraph no. 4 of the application. He submits that the compromise application has been filed before the court below and interregnum period, till the verification is done, protection be accorded.

8. Learned AGA on the other hand submits that he has no objection to the same.

9. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below while filing the compromise affidavit and a self-attested copy of the present application and certified copy of the order passed today by 22.09.2025.

10. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.

11. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of the charge sheet No. 520 of 2019 dated 27.6.2019 as well as entire proceedings of Criminal Case No. 4 A482 No. 30426 of 2019 5233 of 2019 (State vs Shoeab and others) arising out of Case Crime No. 219 of 2019, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bulandshahar pending in the court of learned CJM, Bulandshahar.

12. In the event of default of any of the conditions by the applicants as referred to above, the protection shall stand vacated without reference to the Bench.

13. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. September 9, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

2. Vakalatnama has been filed on behalf of Shri Saurabh Kumar (A/S 2100/22), counsel for opposite party no.2, is taken on record.

3. Heard Shri Amir Khan, learned counsel for the applicants and Sri S.K. Singh, learned AGA/State Law Officer for the State.

4. This application under Section 482 Cr.PC. has been filed by the applicants to quash tthe charge sheet No. 520 of 2019 dated 27.6.2019 as well as entire proceedings of Criminal Case No. 5233 of 2019 (State vs Shoeab and others) arising out of Case Crime No. 219 of 2019, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bulandshahar pending in the court of learned CJM, Bulandshahar.

5. This Court on 06.08.2019 proceeded to pass the following orders: "Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge sheet No. 520 of 2019 dated 27.6.2019 as well as entire proceedings of Criminal Case No. 5233 of 2019 (State vs Shoeab and others) arising out of Case Crime No. 219 of 2019, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bulandshahar pending in the 2 A482 No. 30426 of 2019 court of learned CJM, Bulandshahar. It is submitted by the learned counsel for the applicants that there is a matrimonial dispute between the parties. Applicants are willing to settle the matter through mediation, therefore, an opportunity be granted to the parties concerned for reconciliation/settlement of their disputes by way of mediation. This Court owes a duty to the society to strain to utmost to repair the frayed relations between the husband and wife, so that wounded situation may be healed into healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. The Apex Court in case of B.S. Joshi Vs. State of Haryana; 2003 (4) SCC 675 has also observed that courts to encourage settlement of marital disputes between the contesting spouses, so that they do not lose their youthful years in chasing interminable litigations. In view of above, I agree with the submission advanced on behalf of the applicants and feel that the interest of justice would be served, if such request of the applicants is acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end. The matter is referred to Mediation & Conciliation Centre of this Court. The applicant No. 1, namely, Shoeab (husband) is directed to deposit a sum of Rs. 15,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In- charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid money by the applicant No. 1, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. Out of aforesaid amount, a sum of Rs. 13,000/- shall be payable to the opposite party no.2, namely, Smt Sayna on her appearance before the Mediation and Conciliation Centre. The remaining amount of Rs. 2,000/- shall be payable to the Mediation Centre. The Mediation Centre will submit its report in the matter within two months. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 3 A482 No. 30426 of 2019 List immediately after expiry of two months before the appropriate Bench alongwith the report of Mediation and Conciliation Centre, High Court, Allahabad. Till the next date of listing, further proceedings against the applicants in the aforesaid case shall remain stayed subject to following conditions:- (i) The applicant No. 1 after deposit of aforesaid amount within the said period shall submit a proof of deposit of said amount before the concerned court below. (ii) In case, the said amount, as directed above, is not deposited by the applicant No. 1 within the aforesaid period, the stay order passed by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants."

6. There is an office report that mediation has failed.

7. A compromise affidavit is taken on record dated 16.07.2025 which mentioned that the parties have themselves compromised out of the Court on

22.11.2024 (Annexure-SA-1 at page 6) and onwards reference whereof has been made in paragraph no. 4 of the application. He submits that the compromise application has been filed before the court below and interregnum period, till the verification is done, protection be accorded.

8. Learned AGA on the other hand submits that he has no objection to the same.

9. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below while filing the compromise affidavit and a self-attested copy of the present application and certified copy of the order passed today by 22.09.2025.

10. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.

11. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of the charge sheet No. 520 of 2019 dated 27.6.2019 as well as entire proceedings of Criminal Case No. 4 A482 No. 30426 of 2019 5233 of 2019 (State vs Shoeab and others) arising out of Case Crime No. 219 of 2019, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bulandshahar pending in the court of learned CJM, Bulandshahar.

12. In the event of default of any of the conditions by the applicants as referred to above, the protection shall stand vacated without reference to the Bench.

13. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. September 9, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad