✦ High Court of India · 29 Oct 2025

Jaynendra Vikram Singh And Others vs State Of U.P. Thru. Secy. Home Deptt. Lko. And

Case Details High Court of India · 29 Oct 2025
Court
High Court of India
Decided
29 Oct 2025
Length
1,191 words

respondent Nos.1 to 3 and Shri Raj Kumar Pandey, learned counsel for the respondent No.5.

2. This Court had passed a detailed order on 11.08.2025. For the sake of convenience, the order dated 11.08.2025 is reproduced below:- "1. Heard.

2. This Court had passed the order dated 29.07.2025, which reads as under:- "1. Heard learned counsel for the petitioners and the learned A.G.A. appearing on behalf of the State-opposite parties no. 1 to 3.

2. On oral prayer, learned counsel for the petitioners is directed to implead Ms. Shreya Singh, daughter of the complainant as opposite party no.5 in the array of parties today itself in the Court.

3. This petition has been filed by the petitioners for the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari the First Information Report registered vide Case Crime No. 0185 of 2025, under Sections -85,115(2),351(3),352 BNS. & 2 CRLP No. 6836 of 2025 of Dowry Prohibition Act, relating to Police Station - Jagdishpur, District Amethi, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner in the pursuance of the First Information report registered vide Case Crime No. 0185 of 2025, under Sections -85,115(2),351(3),352 BNS.& % of Dowry Prohibition Act, relating to Police Station -Jagdishpur, District Amethi.

4. It has been submitted by the learned counsel for the petitioners that petitioner no.1 solemnized marriage with the daughter of opposite party no.4 on 18.02.2024, but thereafter the informant got annoyed and has lodged the impugned F.I.R., falsely implicating petitioner no.1 and his family members. It has been submitted the dispute matrimonial and is likely to be settled amicably through mediation. It has also been submitted that on the basis of mutual understanding, a sum of Rs.5,10,000/-has already been returned to the complainant.

4. Learned AGA is directed to inform the Station House Officer, Police Station Jagdishpur, District Amethi to ensure the presence of Shreya Singh-opposite party no.5 on the next date of listing to ascertain her willingness for settling the dispute amicable before Mediation Centre.

5. List this matter on 11.08.2025.

6. Petitioner no.1 shall also appear in person on 11.08.2025.

7. Till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned First Information Report, subject to their full cooperation in the investigation."

3. Pursuant to the aforesaid order, Jaynendra Vikram Singh-petitioner no. 1 and Shreya Singh-respondent no. 5 are present in person before this Court.

4. S.I. Aslam Ali Ansari & Lady Head Constable Savita Shukla, Police Station Jagdishpur, District Amethi, have ensured the presence of the opposite party no. 5 before this Court.

5. The parties present in Court have stated that they are willing to settle their dispute amicably through mediation and conciliation center of this 3 CRLP No. 6836 of 2025 court.

6. Since, the parties are willing to settle their dispute amicably through mediation and conciliation center of this Court, therefore, the matter is referred to the mediation and conciliation center of this Court.

7. The first date of mediation/first session would be 20.08.2025.

8. The parties shall remain present in the mediation center on 20.08.2025 to participate in the mediation proceeding.

9. On the said date, the petitioner no. 1- Jaynendra Vikram Singh is directed to pay a sum of Rs.10,000/- (Rs. Ten Thousand only) in cash, to the opposite party no. 5-Shreya Singh to meet out her traveling expenses etc.

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

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

12. List this case on 24.09.2025.

13. 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.

14. Interim order shall continue till the next date of listing."

3. From a perusal of the aforesaid order, it emerges that the parties concerned had expressed their willingness to appear before the Mediation Centre of this Court in order to settle the matter amongst themselves amicably. Considering this, the parties concerned were directed to appear before the Mediation Centre of this Court and an amount of Rs.10,000/- was required to be paid to the respondent No.5 by the petitioner No.1 and the interim order, passed earlier, was continued.

4. The report of the mediation centre dated 17.09.2025 is on record per which it emerges that the first party failed to put in appearance before the mediation centre while the second party has put in four appearances with the result that the mediation has failed and it has been indicated that "parties not willing for the mediation". 4 CRLP No. 6836 of 2025

5. Learned counsel appearing for the respondent No.5 states that the amount of Rs.10,000/-, which was required to be paid by the petitioner No.1, has also not been paid, which is also admitted by the learned counsel for the petitioners but he states that an amount of Rs.5,10,000/- has already been returned to the complainant.

6. Thus, it is apparent that despite an assurance having been extended to the Court on 11.08.2025 of the petitioners' willingness to settle the matter amicably amongst the parties before the mediation centre, the petitioners have failed to put in appearance before the Mediation Centre of this Court and they are also enjoying the benefit of the interim order.

7. Considering the aforesaid conduct of the petitioners of not having deposited the amount of Rs.10,000/- for the purpose of mediation despite it having been provided by this Court vide order dated 11.08.2025 and thereafter, having failed to put an appearance in the mediation proceedings before the Mediation Centre of this Court, it is apparent that the petitioners have no intention of settling the matter amicably with the respondent No.5 on the basis of which the interim order had already been granted in their favour.

8. Keeping in view of the aforesaid discussion, the conduct of the petitioners and the fact that a cognizable offence is made out against the petitioners, the writ petition is dismissed leaving it open to the petitioner to pursue any other remedy as may be available to them. October 29, 2025 S. Shivhare (Mrs. Babita Rani,J.) (Abdul Moin,J.) SHASHANK SHIVHARE SHASHANK SHIVHARE High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

respondent Nos.1 to 3 and Shri Raj Kumar Pandey, learned counsel for the respondent No.5.

2. This Court had passed a detailed order on 11.08.2025. For the sake of convenience, the order dated 11.08.2025 is reproduced below:- "1. Heard.

2. This Court had passed the order dated 29.07.2025, which reads as under:- "1. Heard learned counsel for the petitioners and the learned A.G.A. appearing on behalf of the State-opposite parties no. 1 to 3.

2. On oral prayer, learned counsel for the petitioners is directed to implead Ms. Shreya Singh, daughter of the complainant as opposite party no.5 in the array of parties today itself in the Court.

3. This petition has been filed by the petitioners for the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari the First Information Report registered vide Case Crime No. 0185 of 2025, under Sections -85,115(2),351(3),352 BNS. & 2 CRLP No. 6836 of 2025 of Dowry Prohibition Act, relating to Police Station - Jagdishpur, District Amethi, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner in the pursuance of the First Information report registered vide Case Crime No. 0185 of 2025, under Sections -85,115(2),351(3),352 BNS.& % of Dowry Prohibition Act, relating to Police Station -Jagdishpur, District Amethi.

4. It has been submitted by the learned counsel for the petitioners that petitioner no.1 solemnized marriage with the daughter of opposite party no.4 on 18.02.2024, but thereafter the informant got annoyed and has lodged the impugned F.I.R., falsely implicating petitioner no.1 and his family members. It has been submitted the dispute matrimonial and is likely to be settled amicably through mediation. It has also been submitted that on the basis of mutual understanding, a sum of Rs.5,10,000/-has already been returned to the complainant.

4. Learned AGA is directed to inform the Station House Officer, Police Station Jagdishpur, District Amethi to ensure the presence of Shreya Singh-opposite party no.5 on the next date of listing to ascertain her willingness for settling the dispute amicable before Mediation Centre.

5. List this matter on 11.08.2025.

6. Petitioner no.1 shall also appear in person on 11.08.2025.

7. Till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned First Information Report, subject to their full cooperation in the investigation."

3. Pursuant to the aforesaid order, Jaynendra Vikram Singh-petitioner no. 1 and Shreya Singh-respondent no. 5 are present in person before this Court.

4. S.I. Aslam Ali Ansari & Lady Head Constable Savita Shukla, Police Station Jagdishpur, District Amethi, have ensured the presence of the opposite party no. 5 before this Court.

5. The parties present in Court have stated that they are willing to settle their dispute amicably through mediation and conciliation center of this 3 CRLP No. 6836 of 2025 court.

6. Since, the parties are willing to settle their dispute amicably through mediation and conciliation center of this Court, therefore, the matter is referred to the mediation and conciliation center of this Court.

7. The first date of mediation/first session would be 20.08.2025.

8. The parties shall remain present in the mediation center on 20.08.2025 to participate in the mediation proceeding.

9. On the said date, the petitioner no. 1- Jaynendra Vikram Singh is directed to pay a sum of Rs.10,000/- (Rs. Ten Thousand only) in cash, to the opposite party no. 5-Shreya Singh to meet out her traveling expenses etc.

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

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

12. List this case on 24.09.2025.

13. 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.

14. Interim order shall continue till the next date of listing."

3. From a perusal of the aforesaid order, it emerges that the parties concerned had expressed their willingness to appear before the Mediation Centre of this Court in order to settle the matter amongst themselves amicably. Considering this, the parties concerned were directed to appear before the Mediation Centre of this Court and an amount of Rs.10,000/- was required to be paid to the respondent No.5 by the petitioner No.1 and the interim order, passed earlier, was continued.

4. The report of the mediation centre dated 17.09.2025 is on record per which it emerges that the first party failed to put in appearance before the mediation centre while the second party has put in four appearances with the result that the mediation has failed and it has been indicated that "parties not willing for the mediation". 4 CRLP No. 6836 of 2025

5. Learned counsel appearing for the respondent No.5 states that the amount of Rs.10,000/-, which was required to be paid by the petitioner No.1, has also not been paid, which is also admitted by the learned counsel for the petitioners but he states that an amount of Rs.5,10,000/- has already been returned to the complainant.

6. Thus, it is apparent that despite an assurance having been extended to the Court on 11.08.2025 of the petitioners' willingness to settle the matter amicably amongst the parties before the mediation centre, the petitioners have failed to put in appearance before the Mediation Centre of this Court and they are also enjoying the benefit of the interim order.

7. Considering the aforesaid conduct of the petitioners of not having deposited the amount of Rs.10,000/- for the purpose of mediation despite it having been provided by this Court vide order dated 11.08.2025 and thereafter, having failed to put an appearance in the mediation proceedings before the Mediation Centre of this Court, it is apparent that the petitioners have no intention of settling the matter amicably with the respondent No.5 on the basis of which the interim order had already been granted in their favour.

8. Keeping in view of the aforesaid discussion, the conduct of the petitioners and the fact that a cognizable offence is made out against the petitioners, the writ petition is dismissed leaving it open to the petitioner to pursue any other remedy as may be available to them. October 29, 2025 S. Shivhare (Mrs. Babita Rani,J.) (Abdul Moin,J.) SHASHANK SHIVHARE SHASHANK SHIVHARE High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

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