Nitesh And Others v. State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others

respondents-State no.1 to 3. Vakalatnama filed by Shri Pramod Kumar Pandey, Advocate on behalf of the respondent No.4.

2. Instant writ petition has been filed praying for quashing of the F.I.R. No.0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 67 of the Right to Information (Amendment) Act, 2008 and 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi.

3. On 25.08.2025, learned counsel appearing for the contesting parties stated that in case the matter is referred to the Mediation and Conciliation Centre of this Court, there would be every possibility of the matter being settled through mediation.

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

25.08.2025, which for the sake of convenience is reproduced below:- "Sri Pramod Pandey, Advocate has filed Vakalatnama on behalf of opposite party no.2. The same is taken on record. Heard. This Court has passed an order an order on 06.08.2025 which reads as under:- "1. Heard Sri Rajesh Kumar Singh, learned counsel for the petitioners and Sri Vipul 2 CRLP No. 7009 of 2025 Kumar Singh, learned AGA for the State-respondents.

2. Issue notice to opposite party No.4.

3. Steps be taken within a week.

4. Office to proceed accordingly.

5. By means of this petition, the petitioners have assailed the impugned FIR dated 08.07.2025 bearing FIR/Case Crime No. 0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 2023 Section 67 Right to Information (Amendment) Act, 2008 and Section 3/4 Dowry Prohibition Act, 1961 at Police Station Kotwali City, District Hardoi.

6. At the very outset, learned counsel for the petitioners has stated that the impugned FIR is an outcome of matrimonial dispute and the present petitioners are willing to settle the dispute amicably through Mediation and Conciliation Centre, therefore, the matter may be referred to such centre. So as to show his bonafide, the petitioner No.1 being husband has submitted that he will deposit a sum of Rs.25,000/- (Twenty Five Thousand Only) and the same amount may be given to his wife/opposite party No.4.

7. The law is trite on the point that without considering the consent of the party from other side, the matter may not be referred to the mediation and conciliation centre, therefore, on the next date, the opposite part No.4, who is wife of the petitioner No.1 shall appear in person to apprise the Court as to whether she is also agreeable for settling her dispute through Medication and Conciliation Centre.

8. List this case on 25th August, 2025. On that date, the petitioner No.1 and opposite party No.4 shall appear in person before the Court.

9. The Station House Officer, Police Station Kotwali City, District Hardoi shall ensure the presence of opposite party No.4 on the next date.

10. Learned AGA shall intimate this order to the Station House Officer concerned for its compliance.

11. In the meantime, petitioner No.1 shall prepare a demand draft to the tune of Rs.25,000/- in the name of his wife/ opposite party No.4, and such demand draft shall be shown to the Court, on the next date.

12. Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the FIR/Case Crime No. 0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 2023 Section 67 Right to Information (Amendment) Act, 2008 and Section 3/4 Dowry Prohibition Act, 1961 at Police Station Kotwali City, District Hardoi." 3 CRLP No. 7009 of 2025 In compliance of the aforesaid order, Sri Nitesh Trivedi @ Nitesh-petitioner no.1 and Smt. Mansi Dwivedi- complainant/opposite party no.4 are present in person. The complainant/ opposite party no.4 has been brought by Sri Vijay Narian Shukla, Inspector and Ms. Priyanka Chauhan, Lady Constable from Police Station- Kotwali City, District- Hardoi. Sri Nitesh Trivedi @ Nitesh has produced a Demand Draft of Rs.25,000/- in the name of Mansi Dwivedi/ opposite party no.4. The same is handed over to Mansi Dwivedi, who has given receipt on the photocopy, which is taken on record. The parties, who are present in person, have stated that they are willing to settle their dispute amicably through mediation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court. Considering the request of the parties, the issue is referred to the Mediation and Conciliation Centre of this Court, where the first date would be 29.08.2025. On that date, the parties would remain present before the Mediation and Conciliation Centre. The mediation proceedings shall be conducted and concluded with expedition, subject to proper cooperation of the parties. List this case on 15.10.2025. By the next date of listing, the Mediator(s) shall submit the report, if any. Interim order to continue till the next date of listing. When the the case is next listed, the name of Sri Pramod Pandey be shown as counsel for respondents in the cause list. "

5. In pursuance thereof, the Mediation Centre of this Court has submitted its report dated 09.10.2025, which is on record, per which the parties have agreed to settle the matter amongst themselves amicably. In para 6H of the agreement, the second party-the complainant has stated that she has no objection if Criminal Misc. Writ Petition No.7009 of 2025 In Re Nitesh Trivedi & Nitesh & Ors vs State of U.P. & Ors emanating from the FIR dated 08.07.2025 bearing F.I.R. No.0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 67 of the Right to Information (Amendment) Act, 2008 and 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi is decided by this Court in terms of the settlement agreement.

6. Considering the aforesaid agreement as entered into between the parties, the F.I.R. No.0477 of 2025 under Sections 64(2)(f), 85, 318(4), 4 CRLP No. 7009 of 2025 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 67 of the Right to Information (Amendment) Act, 2008 and 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi is quashed. 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

respondents-State no.1 to 3. Vakalatnama filed by Shri Pramod Kumar Pandey, Advocate on behalf of the respondent No.4.

2. Instant writ petition has been filed praying for quashing of the F.I.R. No.0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 67 of the Right to Information (Amendment) Act, 2008 and 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi.

3. On 25.08.2025, learned counsel appearing for the contesting parties stated that in case the matter is referred to the Mediation and Conciliation Centre of this Court, there would be every possibility of the matter being settled through mediation.

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

25.08.2025, which for the sake of convenience is reproduced below:- "Sri Pramod Pandey, Advocate has filed Vakalatnama on behalf of opposite party no.2. The same is taken on record. Heard. This Court has passed an order an order on 06.08.2025 which reads as under:- "1. Heard Sri Rajesh Kumar Singh, learned counsel for the petitioners and Sri Vipul 2 CRLP No. 7009 of 2025 Kumar Singh, learned AGA for the State-respondents.

2. Issue notice to opposite party No.4.

3. Steps be taken within a week.

4. Office to proceed accordingly.

5. By means of this petition, the petitioners have assailed the impugned FIR dated 08.07.2025 bearing FIR/Case Crime No. 0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 2023 Section 67 Right to Information (Amendment) Act, 2008 and Section 3/4 Dowry Prohibition Act, 1961 at Police Station Kotwali City, District Hardoi.

6. At the very outset, learned counsel for the petitioners has stated that the impugned FIR is an outcome of matrimonial dispute and the present petitioners are willing to settle the dispute amicably through Mediation and Conciliation Centre, therefore, the matter may be referred to such centre. So as to show his bonafide, the petitioner No.1 being husband has submitted that he will deposit a sum of Rs.25,000/- (Twenty Five Thousand Only) and the same amount may be given to his wife/opposite party No.4.

7. The law is trite on the point that without considering the consent of the party from other side, the matter may not be referred to the mediation and conciliation centre, therefore, on the next date, the opposite part No.4, who is wife of the petitioner No.1 shall appear in person to apprise the Court as to whether she is also agreeable for settling her dispute through Medication and Conciliation Centre.

8. List this case on 25th August, 2025. On that date, the petitioner No.1 and opposite party No.4 shall appear in person before the Court.

9. The Station House Officer, Police Station Kotwali City, District Hardoi shall ensure the presence of opposite party No.4 on the next date.

10. Learned AGA shall intimate this order to the Station House Officer concerned for its compliance.

11. In the meantime, petitioner No.1 shall prepare a demand draft to the tune of Rs.25,000/- in the name of his wife/ opposite party No.4, and such demand draft shall be shown to the Court, on the next date.

12. Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the FIR/Case Crime No. 0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 2023 Section 67 Right to Information (Amendment) Act, 2008 and Section 3/4 Dowry Prohibition Act, 1961 at Police Station Kotwali City, District Hardoi." 3 CRLP No. 7009 of 2025 In compliance of the aforesaid order, Sri Nitesh Trivedi @ Nitesh-petitioner no.1 and Smt. Mansi Dwivedi- complainant/opposite party no.4 are present in person. The complainant/ opposite party no.4 has been brought by Sri Vijay Narian Shukla, Inspector and Ms. Priyanka Chauhan, Lady Constable from Police Station- Kotwali City, District- Hardoi. Sri Nitesh Trivedi @ Nitesh has produced a Demand Draft of Rs.25,000/- in the name of Mansi Dwivedi/ opposite party no.4. The same is handed over to Mansi Dwivedi, who has given receipt on the photocopy, which is taken on record. The parties, who are present in person, have stated that they are willing to settle their dispute amicably through mediation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court. Considering the request of the parties, the issue is referred to the Mediation and Conciliation Centre of this Court, where the first date would be 29.08.2025. On that date, the parties would remain present before the Mediation and Conciliation Centre. The mediation proceedings shall be conducted and concluded with expedition, subject to proper cooperation of the parties. List this case on 15.10.2025. By the next date of listing, the Mediator(s) shall submit the report, if any. Interim order to continue till the next date of listing. When the the case is next listed, the name of Sri Pramod Pandey be shown as counsel for respondents in the cause list. "

5. In pursuance thereof, the Mediation Centre of this Court has submitted its report dated 09.10.2025, which is on record, per which the parties have agreed to settle the matter amongst themselves amicably. In para 6H of the agreement, the second party-the complainant has stated that she has no objection if Criminal Misc. Writ Petition No.7009 of 2025 In Re Nitesh Trivedi & Nitesh & Ors vs State of U.P. & Ors emanating from the FIR dated 08.07.2025 bearing F.I.R. No.0477 of 2025 under Sections 64(2)(f), 85, 318(4), 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 67 of the Right to Information (Amendment) Act, 2008 and 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi is decided by this Court in terms of the settlement agreement.

6. Considering the aforesaid agreement as entered into between the parties, the F.I.R. No.0477 of 2025 under Sections 64(2)(f), 85, 318(4), 4 CRLP No. 7009 of 2025 333, 115(2), 351(3), 352, 109, 3(5) B.N.S., 67 of the Right to Information (Amendment) Act, 2008 and 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi is quashed. 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