Allahabad High Court
SMT ARTI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The Court ordered referral of the dispute to mediation, stayed the criminal proceedings, and disposed of the application.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the summoning order dated 04‑07‑2025 and the criminal proceedings in Complaint Case No. 164/2024, which alleged offences under Sections 323 and 504 of the Indian Penal Code. The complaint was lodged by the opposite party’s second respondent, allegedly stemming from a monetary dispute, and the first applicant is the daughter‑in‑law of that respondent. The counsel for the applicants argued that the matter is essentially a civil dispute and could be settled through mediation. The High Court observed that the proceedings appear to arise out of a monetary dispute and therefore directed the matter to be referred to the District Court Mediation & Conciliation Centre, Etawah, with a three‑month timeline. The Court stayed the criminal proceedings pending the mediation process and disposed of the application.
Issues considered
- Whether the criminal complaint under Sections 323 and 504 IPC, arising from a monetary dispute, can be quashed under Section 528 CrPC
- Whether the parties should be referred to mediation and the criminal proceedings stayed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 504
Subjects
- Criminal Procedure Code
- Section 528
- Indian Penal Code
- Section 323
- Section 504
- mediation
- conciliation
- stay of proceedings
- civil dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37606 of 2026
Smt Arti And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Chandra Solanki, Yogendra
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and
perused the record.
2. The present application has been filed to quash the summoning order
dated 04.07.2025 passed by the Additional Civil Judge (J.D.)/Judicial
Magistrate, Bidhuna, Auraiya as well as entire proceeding of Complaint
Case No. 164/2024, (Shrikrishn Vs. Smt. Arti and others) U/s 323,504
I.P.C., Police Station Erva Katra, District-Auraiya, Pending in the Court of
Additional Civil Judge (J.D.)/Judicial Magistrate, Bidhuna, Auraiya.
3. Learned counsel for the applicants submits that instant complaint has been
lodged by opposite party no.2 on account of some misconception. The
applicant no. 1 is daughter-in-law of opposite party no.2. Now there is
chances of settlement between the parties if the matter is referred to
Mediation & Conciliation Centre.
4. At present, prima facie, it does appear that the present criminal
proceedings do arise out of the monetary dispute between the parties.
Therefore, it further appears, if the parties were to be offered assistance of
mediation, they may be able to resolve their differences and bring an end to
all disputes and differences between them, amicably.
5. The matter is referred to the District Court, Mediation & Conciliation
Centre, Etawah with direction that the same may be tried to be resolved after
NA528 No. 37606 of 2026
2
giving notices to both the parties.
6. It is directed that District Court, Mediation & Conciliation Centre, Etawah
shall proceed in the matter, expeditiously, preferably within a period of three
months.
7. Till the next date of listing, proceeding of the aforesaid case against the
applicants, shall remain stayed.
8. In view of the above, the application is, accordingly disposed of.
(Deepak Verma,J.)
September 9, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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