Allahabad High Court
DEEPAK KUMAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court disposed of the application by referring the matter to the Mediation and Conciliation Centre and granting interim protection against coercive measures.
Summary
The applicants Deepak Kumar and four others filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet dated 19‑06‑2025 and a summons dated 10‑07‑2025 in Criminal Case No. 3030 of 2025, which involved offences under Sections 85, 115(2), 352, 351(3) of the B.N.S. and Sections 3/4 of the D.P. Act. The court noted the applicants' willingness to refer the dispute to the High Court’s Mediation and Conciliation Centre for an amicable settlement. Accordingly, the matter was referred to the Mediation Centre, with a direction that the applicants deposit Rs 25,000 as fees, of which Rs 20,000 is to be paid to the opposite party on personal appearance and Rs 5,000 to the Centre. The court ordered that no coercive measures be taken against the applicants in the pending criminal case until the next listing on 24‑07‑2026, and that the interim protection would lapse if the fee is not paid. The application was thus disposed of with the matter sent for mediation.
Issues considered
- Whether the application under Section 528 B.N.S.S. for quashing the charge sheet and summons should be entertained.
- Whether interim protection against coercive measures should be granted pending mediation.
Legislation cited
Subjects
- mediation
- conciliation
- criminal procedure
- Section 528
- interim protection
- quash charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5157 of 2026
Deepak Kumar And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dipendra Kumar Tripathi, Govind
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Mr. Pradeep Kumar Yadav, learned counsel has filed his Power on behalf
of opposite party No. 2 which is taken on record.
2. Heard Mr. Sandeep Kumar Pandey, holding brief of Mr. Dipendra Kumar
Tripathi, learned counsel for the applicants, Mr. Pradeep Kumar Yadav,
learned counsel for the opposite party No. 2, learned A.G.A. for the State
and perused the record.
3. The present application under Section 528 B.N.S.S. has been preferred to
quash the charge sheet dated 19.06.2025 as well as summoning order dated
10.07.2025, in Criminal Case No. 3030 of 2025 (State Vs. Deepak Kumar
and others) arising out of Case Crime No. 26 of 2025, under Sections 85,
115(2), 352, 351(3) B.N.S. & Section 3/4 D.P. Act, Police Station-Mahila
Thana, District-Jaunpur, pending before the court of Chief Judicial
Magistrate, Court No. 11, Jaunpur.
4. Learned counsel for the applicants states that the applicants consent to
refer the matter to the Mediation and Conciliation Centre, High Court
Allahabad, for amicable settlement of the dispute.
5. Accordingly, the matter is referred to Mediation & Conciliation Centre of
this Court. The applicants are directed to deposit a sum of Rs. 25,000/- by
way of demand draft/pay order in the name of Allahabad High Court,
Mediation and Conciliation Centre (AHCMCC) within a period of four
weeks from today. Out of total amount, Rs. 20,000/- as legal expense shall
be payable to opposite party No. 2 on her personal appearance before the
NA528 No. 5157 of 2026
2
Mediation and Conciliation Centre and remaining Rs. 5,000/- shall be
payable to the Mediation and Conciliation Centre.
6. The matter is referred to the Mediation Centre with the direction that same
may be tried to be resolved after giving notices to the opposite parties. The
Mediation Centre will submit its report in the matter within three months.
7. List this case on 24.07.2026 in the daily cause list before the appropriate
Bench alongwith the report of Mediation Centre.
8. Till the next date of listing, no coercive measures shall be taken against
the applicants in Criminal Case No. 3030 of 2025 (State Vs. Deepak Kumar
and others) arising out of Case Crime No. 26 of 2025, under Sections 85,
115(2), 352, 351(3) B.N.S. & Section 3/4 D.P. Act, Police Station-Mahila
Thana, District-Jaunpur.
9. In case, the aforesaid amount is not deposited within the aforesaid period,
the interim protection granted above shall automatically be vacated.
April 17, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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