Allahabad High Court
BRIJESH PRAJAPATIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MADAN PAL SINGH
Holding
The Court held that, given the matrimonial nature of the dispute, the parties should be afforded an opportunity to resolve it through mediation, and therefore the revision was allowed with a direction to refer the matter to the Mediation and Conciliation Centre.
Summary
The revisionist Brijesh Prajapati filed a criminal revision under Section 125 of the Criminal Procedure Code to set aside an order of the Family Court, Jaunpur, in a matrimonial dispute. The High Court examined the record and noted that the dispute was of a matrimonial nature, making it suitable for alternative dispute resolution. The Court directed that the matter be referred to the Mediation and Conciliation Centre of the Allahabad High Court to explore settlement possibilities. The revisionist was ordered to deposit Rs.5,000 as mediation expenses within four weeks, and the mediator was given two months to report back. The case was scheduled to be listed afresh on 18‑08‑2026 with the mediator’s report, and any default in participation would result in immediate listing before the Court.
Issues considered
- Whether the order passed by the Family Court under Section 125 Cr.P.C. can be set aside by a criminal revision.
- Whether the matrimonial dispute should be referred to mediation and conciliation under the High Court's Mediation Centre.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- mediation
- conciliation
- criminal revision
- Section 125 Cr.P.C.
- family dispute
- maintenance
- High Court Allahabad
- alternative dispute resolution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 6213 of 2025
Brijesh Prajapati
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Rajesh Kumar Singh
Counsel for Opposite Party(s) : Dharm Raj, G.A.
Court No. - 88
HON'BLE ACHAL SACHDEV, J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State as
well as learned counsel for the opposite party no.2 and perused the record.
2. The instant criminal revision has been filed to set aside the order dated
18.11.2024 passed by learned Principal Judge, Family Court, Jaunpur in
Case No.1901 of 2023 (CNR No.UPJP20032542021) (Poonam Prajapati and
Another vs. Brijesh Prajapati), under Section 125 Cr.P.C., P.S. Sarai
Khwaja, Jaunpur.
3. Learned counsel for the revisionist submits that the matrimonial dispute is
subsisted between the parties and has strenuously urged that this case may be
referred to the Mediation and Conciliation Centre, High Court, Allahabad so
that the litigants may have a chance to settle their dispute on their own terms
through mediation.
4. The Court is satisfied on the basis of record and the submissions made
before it that the nature of litigation is such that the chances to resolve the
matter through process of conciliation do exist and an attempt ought to be
made to explore that possibility.
5. Accordingly, the instant matter is referred to the Mediation and
Conciliation Centre, High Court, Allahabad in order to enable the parties to
resolve their disputes through mediation. The revisionist will deposit
Rs.5,000/- within four weeks at the Mediation and Conciliation Centre, High
Court, Allahabad as mediation expenses. The Mediator is allowed two
months' time to find out possible solution of the dispute between the parties
and send his report to the Court regarding outcome of the mediation.
6. Put up this case as fresh on 18.08.2026 alongwith report of the Mediator.
CRLR No. 6213 of 2025
2
7. It is made clear that in case of default in depositing the amount as ordered
above or non-participation of the revisionist in the mediation proceedings,
the revision shall be listed before the Court immediately.
8. It is made clear that this case shall not be treated as tied up or part heard
with this Bench.
May 15, 2026
Zafar
(Achal Sachdev,J.)
Digitally signed by :-
MOHAMMAD ZAFAR ANSARI
High Court of Judicature at Allahabad
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