Allahabad High Court
CHINMAY AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court ordered referral of the matter to mediation, stayed coercive action for three months, and disposed of the application under Section 528 B.N.S.
Summary
The applicants filed an application under Section 528 of the B.N.S. Act seeking to quash a summoning order dated 14‑07‑2026 and the entire criminal proceeding (complaint case No. 17264/2024) that arose from a matrimonial dispute. The court observed that the dispute appears to be amenable to settlement and directed that the matter be referred to the District Court Mediation & Conciliation Centre, Agra, with a three‑month timeline for resolution. It further ordered that no coercive action be taken against the applicants during the mediation period or until the mediation is concluded, whichever is earlier. Consequently, the application under Section 528 was disposed of, and the criminal proceeding was stayed pending mediation. The order emphasizes the court’s preference for alternative dispute resolution in family‑related criminal matters.
Issues considered
- Whether the summoning order and the criminal proceeding under Section 316(2) of the B.N.S. Act can be quashed under Section 528 of the B.N.S. Act.
- Whether the matrimonial dispute giving rise to the criminal proceeding should be referred to mediation and a stay of coercive action be imposed.
Legislation cited
- B.N.S. Act — s. 316(2), 528
- Cr.P.C. — s. 482
Subjects
- mediation
- conciliation
- matrimonial dispute
- quash order
- Section 528 B.N.S.
- Section 482 Cr.P.C.
- stay of coercive action
- family law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38578 of 2026
Chinmay And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Namita Katara Gautam, Saurabh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1.Heard learned counsel for the applicants and learned A.G.A. for the
State.
2. The present 482 Cr.P.C. application has been filed to quash the
summoning order dated 14.07.2026 passed by Additional Chief Judicial
Magistrate, Court No. 5, Agra in complaint case no. 17264/2024 (Smt.
Tanu Agrawal Vs. Chinmay and others) Under Section 316 (2) of B.N.S.
Police Station-Khandauli, District Agra as well quash the entire
proceeding of complaint case по. 17264/2024 (Smt. Tanu Agrawal Vs.
Chinmay and others) Under Section 316 (2) of B.N.S. Police Station-
Khandauli, District Agra, pending before Additional Chief Judicial
Magistrate, Court No. 5, Agra.
3. Learned counsel for the applicants submits that instant complaint has
been lodged by opposite party no.2 on account of some misconception.
Now there is chances of settlement between the parties and 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 matrimonial 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
NA528 No. 38578 of 2026
2
Centre, Agra with direction that the same may be tried to be resolved after
giving notices to both the parties.
6. It is directed that District Court, Mediation & Conciliation Centre, Agra
shall proceed in the matter, expeditiously, preferably within a period of
three months,
from the date of production of certified copy of this order.
7. For a period of three months or till disposal of mediation proceeding,
which ever is earlier, no coercive action shall be taken against the applicants.
8. In view of the above, instant application U/s 528 BNSS, stands
disposed off.
(Deepak Verma,J.)
September 14, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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