Allahabad High Court
RAJ BAHADUR BINDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The Court ordered that the matter be referred to the Mediation Centre, with a stay on coercive action pending mediation, and that the magistrate resume proceedings if mediation fails.
Summary
The applicant, Raj Bahadur Bind, filed an application under Section 528 of the CrPC seeking to quash the judgment and orders in a criminal revision and a criminal case involving allegations of domestic violence under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the D.P. Act. The applicant contended that the dispute was matrimonial in nature and could be resolved through mediation, requesting that the matter be referred to the Mediation Centre of the District Court, Ghazipur. The State, represented by the Additional Government Advocate, raised no objection to the prayer. The Court held that, subject to the applicant filing a further application within two weeks, the matter should be referred to the Mediation Centre, which will issue a notice to the opposite party and submit a report within two months. The Court ordered that no coercive action be taken against the applicant pending the mediation report, and that interim protection would cease if mediation fails, after which the magistrate would proceed according to law.
Issues considered
- Whether a criminal proceeding under Sections 498A, 323, 504, 506 IPC and the D.P. Act can be referred to mediation under Section 528 CrPC.
- Whether interim protective orders should be stayed pending mediation.
- Whether the court may direct the parties to appear before a Mediation Centre and suspend coercive action.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- mediation
- Section 528 CrPC
- domestic violence
- family dispute
- interim protection
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29527 of 2026
Raj Bahadur Bind
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bed Prakash Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Sri Bed Prakash Rai, learned counsel for the applicant, learned
A.G.A. for the State and perused the record.
2. The instant application has been filed with the prayer to quash the
impugned judgment and order dated-13.02.2026, passed by the Additional
Session Judge, Court No.-03, Ghazipur in Criminal Revision No. 33 of
2025 (Raj Bahadur Bind Vs. State of U.P. and another), Police Station-
Nagsar Halt, District- Ghazipur as well as order dated-21.12.2024, passed
by the Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.7,
Ghazipur, in Criminal Case No. 8990 of 2023 (Savita Vs. Rajbahadur),
under section-498A, 323, 504, 506 I.P.C., & 3/4 D.P. Act Police Station-
Nagsar Halt, District- Ghazipur Pending before the Additional Civil Judge
(J.D.)/ Judicial Magistrate, Court No.7, Ghazipur.
3. Learned counsel for the applicant submits that the applicant and the
opposite party no. 2 are husband and wife, and the alleged marriage
between them took place in the year 2020. Further, upon a complaint
being instituted by opposite party no. 2, bearing number 8990 of 2023,
Savita Vs. Raj Bahadur, under sections 498-A, 323, 504 and 506 I.P.C.
and Section 3/4 of the D.P. Act, the proceedings against the
accused/applicant are continuing before the learned Trial Court. He
submits that since it is a alleged matrimonial dispute there are chances of
mediation between the parties, hence the matter may be referred to the
Mediation Centre of District Court at Ghazipur.
NA528 No. 29527 of 2026
2
4. Learned A.G.A. has no objection to the aforesaid prayer of the learned
counsel for the applicant.
5. Considering the entire facts and circumstances of the case, it is
provided that if the applicant moves an application within two weeks
from the date of production of certified copy of this order before the
concerned Trial Court for mediation the matter shall be referred to the
Mediation Centre situated at district court Ghazipur. Thereafter, the
Mediation Centre at Ghazipur shall issue notice to Opposite Party No. 2
directing her to appear before the Mediation Centre at Ghazipur for
mediation between the parties. The Mediation Centre, Ghazipur shall
consider the matter in respect of mediation between the parties and shall
submit its report to the Magistrate concerned within two months.
6. Till report of the Mediation Centre is received, no coercive action shall
be taken against the applicant.
7. After receiving the report/settlement of Mediation Centre, the learned
Magistrate shall proceed in the matter in accordance with law
8. However, it is made clear that in the event mediation fails, the interim
protection granted in this case shall cease to operate and law will take its
own course.
(Prashant Mishra-I,J.)
September 9, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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