Babul and Another v. State of U.P. and others

possibility of it being settled amongst the parties through mediation.

4. Considering the aforesaid, this Court had passed the order dated

06.08.2025 which for the sake of convenience is reproduced below:- "1. Heard.

2. This Court has passed the order dated 04.08.2025, which reads as under:- "1. Heard.

2. Vakalatnama filed by Sri Durgendrda Kumar Tiwari, Advocate on behalf of opposite party no. 3 in CRLP No. 6497 of 2025 is taken on record.

3. This Court has passed the order dated 23.07.2025, which reads as under:- "(1) By the Criminal Misc. Writ Petition No.6468 of 2025 [Brij Kishore and Another 2 CRLP No. 6497 of 2025 Vs. State of U.P. and others], the Father-in-Law and Mother-in-Law of the Opposite party no.3-Smt. Pranchi Upadhyaya, have approached this Court. In Criminal Misc. Writ Petition No.6512 of 2025 [Shubham Tiwari @ Babul and Another Vs. State of U.P. and others], the two Brother-in-Laws of the Opposite party no.3-Smt. Pranchi Upadhyaya have approached this Court. In Criminal Misc. Writ Petition No.6504 of 2025 [Rachna Devi and Another Vs. State of U.P. and others], Maternal Aunt and two Sister-in-Laws of the Opposite party no.3-Smt. Pranchi Upadhyaya have approached this Court and in Criminal Misc. Writ Petition No.6497 of 2025 [Pawan Tiwari @ Hariom Vs. State of U.P. and others], the Husband- Pawan Tiwari @ Hariom, of the Opposite party no.3-Smt. Pranchi Upadhyaya has approached this Court. (2) Such writ petitions have been filed challenging the same F.I.R. bearing F.I.R. No.0084 of 2025, under Sections 498-A, 323, 504, 506, 354(B) of the IPC and Section 3/4 of the Dowry Prohibition Act on 13.02.2025 at Police Station Sushant Golf City, District Lucknow South (Commissionerate Lucknow) with regard to an incident which occurred on 15.02.2023 invoking the said section. (3) Heard learned counsel for the petitioners and the learned A.G.A. who appears on behalf of State-respondents nos.1 & 2. (4) It has been submitted by the learned counsel for the petitioners that the Petitioner - Pawan Tiwari @ Hariom, got married to the Opposite party no.3- Smt. Pranchi Upadhyaya on 15.02.2023. They soon fell out, as a result of which the Opposite party no.3 has lodged the F.I.R. making allegations against her husband and all the family members falsely implicating them as aforesaid. It has also been submitted that the Opposite party no.3 has also filed an application under Section 125 Cr.P.C. on 02.11.2023. (5) It has also been submitted that the Opposite party no.3- Smt. Pranchi Upadhyaya, has married some other person during the subsistence of marriage with Pawan Tiwari @ Hariom as no actual divorce/ judicial separation has taken place between the parties. (6) After arguing for sometime, learned counsel for the petitioners says that the dispute being matrimonial in nature, there is full hope that the same may be settled amicably through Mediation. (7) Learned counsel for the petitioners says that the petitioner no.1 (Husband) is willing to deposit some amount in favour of the Opposite party no.3 only to show his bonafide to pursue the mediation proceedings. (8) Issue notice to the Opposite party no.3- Smt. Pranchi Upadhyaya, through Station House Officer, Police Station Sushant Golf City, District Lucknow South (Commissionerate Lucknow). (9) The petitioners shall take steps within one week. 3 CRLP No. 6497 of 2025 (10) Learned A.G.A. shall also inform the Respondent no.2 to ensure the production of the Opposite party no.3- Smt. Pranchi Upadhyaya, in person, before this Court on the next date of listing. (11) List this matter on 28.07.2025, only for the purposes of determining the willingness of the Opposite party no.3- Smt. Pranchi Upadhyaya, to refer the matter to the Mediation and Conciliation Centre of the High Court. (12) The Petitioner- Pawan Tiwari @ Hariom, (Husband), shall make out a Bank Draft of Rs.35,000/- in favour of the Opposite party no.3- Smt. Pranchi Upadhyaya, and remain present in Court on 28.07.2025. (13) Till the next date of listing, the petitioners of Criminal Misc. Writ Petition No.6468 of 2025, Brij Kishore, Smt. Anita Tiwari, and the petitioners of Criminal Misc. Writ Petition No.6512 of 2025, Shubham Tiwari @ Babul and Shivam Tiwari, the petitioners of Criminal Misc. Writ Petition No.6504 of 2025, Rachna Devi, Sapna Dubey and Kiran Tiwari and the petitioners of Criminal Misc. Writ Petition No.6497 of 2025, Pawan Tiwari @ Hariom, shall not be arrested in pursuance of the F.I.R. No.0084 of 2025, under Sections 498-A, 323, 504, 506, 354(B) of the IPC and Section 3/4 of the Dowry Prohibition Act at Police Station Sushant Golf City, District Lucknow South (Commissionerate Lucknow), subject to their full cooperation in the investigation. "

4. In compliance of the aforesaid order, Sri Pawan Tiwari @ Hariom, petitioner in the writ petition no. 6497 of 2025 and Smt Prachi Upadhyay, opposite party no. 3 are present in person.

5. Learned counsel for the parties and the parties, who are present in person have stated that they are willing to settle their dispute amicably through mediation and conciliation center of this court, therefore, the matter may be referred to such center.

6. One demand draft in the name of Prachi Upadhyay has been shown to the Court but the spelling of Prachi Upadhyay has been wrongly written in the demand draft, therefore, this draft is returned to the petitioner so that he could prepare a new demand draft in the correct name of Prachi Upadhyay.

7. Photocopy of the aadhar card has been provided to the learned counsel for the petitioner so that the correct spelling be indicated in the demand draft.

8. List/Put up this matter on 06.08.2025.

9. The matter may be taken up immediately after lunch.

10. On that date the parties shall again appear in person.

11. Interim order shall continue till the next date of listing. " 4 CRLP No. 6497 of 2025

3. Today the parties are present.

4. The demand draft of Rs.35,000/- bearing no. 648709 dated 05.08.2025 has been provided to Prachi Upadhyay, opposite party no. 3, the same has been received by the opposite party no. 3 on the photocopy, which is taken on record.

5. Parties have stated that they are ready to settle their dispute amicably through mediation and conciliation center, therefore, the matter may be referred to such center.

6. Considering the request of the parties, the matter is referred to the mediation and conciliation center of this Court.

7. The first date of mediation/first session would be 11.08.2025.

8. The parties shall remain present in the mediation center on 11.08.2025 to participate in the mediation proceeding.

9. The mediation proceeding may be conducted and concluded with expedition subject to proper cooperation of the parties.

10. The mediation report shall be submitted before this Court by the next date of listing.

11. List this case on 27.10.2025.

12. On that date, the parties who are present in person need not appear again, however, either the mediation report shall be filed by the mediators or the reasons should be assigned on the next date if the mediation proceedings could not be concluded.

13. Interim order shall continue till the next date of listing.

14. When the case is next listed, the name of Sri Durgendra Kumar Tiwari shall be printed in the cause list as counsel for the opposite party no. 3, in Criminal Misc. Writ Petition No. 6497 of 2025."

5. In pursuance thereof, the parties had appeared before the Mediation Centre of this Court.

6. The mediation Centre has submitted its report dated 10.09.2025, which is on record, per which the parties have settled the matter amicably amongst themselves. In para 6G of the settlement agreement, the second party- the complainant (Smt Prachi Upadhyaya) i.e. wife of the petitioner before the Mediation Centre has agreed that she would have no objection 5 CRLP No. 6497 of 2025 if Criminal Misc Writ Petition Nos.6468 of 2025, 6504 of 2025, 6512 of 2025 and 6497 of 2025 emanating from F.I.R. dated 13.02.2025 No.0084 of 2025 under Sections 498A, 323, 504, 506, 354Kha IPC, 3/4 Dowry Prohibition Act, Police Station Sushant Golf City, Lucknow are decided by this Court in terms of the settlement agreement.

7. Considering that the parties have amicably settled the dispute amongst themselves, F.I.R. dated 13.02.2025 bearing F.I.R. No.0084 of 2025 under Sections 498A, 323, 504, 506, 354Kha IPC, 3/4 Dowry Prohibition Act, Police Station Sushant Golf City, Lucknow so far as it pertains to the petitioner is quashed.

8. The writ petition is allowed. October 15, 2025 prateek (Mrs. Babita Rani,J.) (Abdul Moin,J.) PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

possibility of it being settled amongst the parties through mediation.

4. Considering the aforesaid, this Court had passed the order dated

06.08.2025 which for the sake of convenience is reproduced below:- "1. Heard.

2. This Court has passed the order dated 04.08.2025, which reads as under:- "1. Heard.

2. Vakalatnama filed by Sri Durgendrda Kumar Tiwari, Advocate on behalf of opposite party no. 3 in CRLP No. 6497 of 2025 is taken on record.

3. This Court has passed the order dated 23.07.2025, which reads as under:- "(1) By the Criminal Misc. Writ Petition No.6468 of 2025 [Brij Kishore and Another 2 CRLP No. 6497 of 2025 Vs. State of U.P. and others], the Father-in-Law and Mother-in-Law of the Opposite party no.3-Smt. Pranchi Upadhyaya, have approached this Court. In Criminal Misc. Writ Petition No.6512 of 2025 [Shubham Tiwari @ Babul and Another Vs. State of U.P. and others], the two Brother-in-Laws of the Opposite party no.3-Smt. Pranchi Upadhyaya have approached this Court. In Criminal Misc. Writ Petition No.6504 of 2025 [Rachna Devi and Another Vs. State of U.P. and others], Maternal Aunt and two Sister-in-Laws of the Opposite party no.3-Smt. Pranchi Upadhyaya have approached this Court and in Criminal Misc. Writ Petition No.6497 of 2025 [Pawan Tiwari @ Hariom Vs. State of U.P. and others], the Husband- Pawan Tiwari @ Hariom, of the Opposite party no.3-Smt. Pranchi Upadhyaya has approached this Court. (2) Such writ petitions have been filed challenging the same F.I.R. bearing F.I.R. No.0084 of 2025, under Sections 498-A, 323, 504, 506, 354(B) of the IPC and Section 3/4 of the Dowry Prohibition Act on 13.02.2025 at Police Station Sushant Golf City, District Lucknow South (Commissionerate Lucknow) with regard to an incident which occurred on 15.02.2023 invoking the said section. (3) Heard learned counsel for the petitioners and the learned A.G.A. who appears on behalf of State-respondents nos.1 & 2. (4) It has been submitted by the learned counsel for the petitioners that the Petitioner - Pawan Tiwari @ Hariom, got married to the Opposite party no.3- Smt. Pranchi Upadhyaya on 15.02.2023. They soon fell out, as a result of which the Opposite party no.3 has lodged the F.I.R. making allegations against her husband and all the family members falsely implicating them as aforesaid. It has also been submitted that the Opposite party no.3 has also filed an application under Section 125 Cr.P.C. on 02.11.2023. (5) It has also been submitted that the Opposite party no.3- Smt. Pranchi Upadhyaya, has married some other person during the subsistence of marriage with Pawan Tiwari @ Hariom as no actual divorce/ judicial separation has taken place between the parties. (6) After arguing for sometime, learned counsel for the petitioners says that the dispute being matrimonial in nature, there is full hope that the same may be settled amicably through Mediation. (7) Learned counsel for the petitioners says that the petitioner no.1 (Husband) is willing to deposit some amount in favour of the Opposite party no.3 only to show his bonafide to pursue the mediation proceedings. (8) Issue notice to the Opposite party no.3- Smt. Pranchi Upadhyaya, through Station House Officer, Police Station Sushant Golf City, District Lucknow South (Commissionerate Lucknow). (9) The petitioners shall take steps within one week. 3 CRLP No. 6497 of 2025 (10) Learned A.G.A. shall also inform the Respondent no.2 to ensure the production of the Opposite party no.3- Smt. Pranchi Upadhyaya, in person, before this Court on the next date of listing. (11) List this matter on 28.07.2025, only for the purposes of determining the willingness of the Opposite party no.3- Smt. Pranchi Upadhyaya, to refer the matter to the Mediation and Conciliation Centre of the High Court. (12) The Petitioner- Pawan Tiwari @ Hariom, (Husband), shall make out a Bank Draft of Rs.35,000/- in favour of the Opposite party no.3- Smt. Pranchi Upadhyaya, and remain present in Court on 28.07.2025. (13) Till the next date of listing, the petitioners of Criminal Misc. Writ Petition No.6468 of 2025, Brij Kishore, Smt. Anita Tiwari, and the petitioners of Criminal Misc. Writ Petition No.6512 of 2025, Shubham Tiwari @ Babul and Shivam Tiwari, the petitioners of Criminal Misc. Writ Petition No.6504 of 2025, Rachna Devi, Sapna Dubey and Kiran Tiwari and the petitioners of Criminal Misc. Writ Petition No.6497 of 2025, Pawan Tiwari @ Hariom, shall not be arrested in pursuance of the F.I.R. No.0084 of 2025, under Sections 498-A, 323, 504, 506, 354(B) of the IPC and Section 3/4 of the Dowry Prohibition Act at Police Station Sushant Golf City, District Lucknow South (Commissionerate Lucknow), subject to their full cooperation in the investigation. "

4. In compliance of the aforesaid order, Sri Pawan Tiwari @ Hariom, petitioner in the writ petition no. 6497 of 2025 and Smt Prachi Upadhyay, opposite party no. 3 are present in person.

5. Learned counsel for the parties and the parties, who are present in person have stated that they are willing to settle their dispute amicably through mediation and conciliation center of this court, therefore, the matter may be referred to such center.

6. One demand draft in the name of Prachi Upadhyay has been shown to the Court but the spelling of Prachi Upadhyay has been wrongly written in the demand draft, therefore, this draft is returned to the petitioner so that he could prepare a new demand draft in the correct name of Prachi Upadhyay.

7. Photocopy of the aadhar card has been provided to the learned counsel for the petitioner so that the correct spelling be indicated in the demand draft.

8. List/Put up this matter on 06.08.2025.

9. The matter may be taken up immediately after lunch.

10. On that date the parties shall again appear in person.

11. Interim order shall continue till the next date of listing. " 4 CRLP No. 6497 of 2025

3. Today the parties are present.

4. The demand draft of Rs.35,000/- bearing no. 648709 dated 05.08.2025 has been provided to Prachi Upadhyay, opposite party no. 3, the same has been received by the opposite party no. 3 on the photocopy, which is taken on record.

5. Parties have stated that they are ready to settle their dispute amicably through mediation and conciliation center, therefore, the matter may be referred to such center.

6. Considering the request of the parties, the matter is referred to the mediation and conciliation center of this Court.

7. The first date of mediation/first session would be 11.08.2025.

8. The parties shall remain present in the mediation center on 11.08.2025 to participate in the mediation proceeding.

9. The mediation proceeding may be conducted and concluded with expedition subject to proper cooperation of the parties.

10. The mediation report shall be submitted before this Court by the next date of listing.

11. List this case on 27.10.2025.

12. On that date, the parties who are present in person need not appear again, however, either the mediation report shall be filed by the mediators or the reasons should be assigned on the next date if the mediation proceedings could not be concluded.

13. Interim order shall continue till the next date of listing.

14. When the case is next listed, the name of Sri Durgendra Kumar Tiwari shall be printed in the cause list as counsel for the opposite party no. 3, in Criminal Misc. Writ Petition No. 6497 of 2025."

5. In pursuance thereof, the parties had appeared before the Mediation Centre of this Court.

6. The mediation Centre has submitted its report dated 10.09.2025, which is on record, per which the parties have settled the matter amicably amongst themselves. In para 6G of the settlement agreement, the second party- the complainant (Smt Prachi Upadhyaya) i.e. wife of the petitioner before the Mediation Centre has agreed that she would have no objection 5 CRLP No. 6497 of 2025 if Criminal Misc Writ Petition Nos.6468 of 2025, 6504 of 2025, 6512 of 2025 and 6497 of 2025 emanating from F.I.R. dated 13.02.2025 No.0084 of 2025 under Sections 498A, 323, 504, 506, 354Kha IPC, 3/4 Dowry Prohibition Act, Police Station Sushant Golf City, Lucknow are decided by this Court in terms of the settlement agreement.

7. Considering that the parties have amicably settled the dispute amongst themselves, F.I.R. dated 13.02.2025 bearing F.I.R. No.0084 of 2025 under Sections 498A, 323, 504, 506, 354Kha IPC, 3/4 Dowry Prohibition Act, Police Station Sushant Golf City, Lucknow so far as it pertains to the petitioner is quashed.

8. The writ petition is allowed. October 15, 2025 prateek (Mrs. Babita Rani,J.) (Abdul Moin,J.) PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench