The court emphasized the importance of mediation in resolving matrimonial disputes, allowing for potential settlements before proceeding with criminal allegations.

JUDGMENT :

Vikas Budhwar, J.

1. Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 108668 of 2023 (State Vs. Prashant Shukla and others), arising out of Case Crime No. 51/23, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act against the applicant nos. 1, 2, 3, 5, 6 and 7, under Sections 498-A, 323, 354 IPC and 3/4 Dowry Prohibition Act against the applicant no. 4 and the impugned cognizacne summoning order dated 19.09.2023 passed by Fast Track Court (F.T.C.)-II, District Varanasi.

3. The contention of the learned counsel for the applicants who are seven in number is that the applicants are the family members being husband, father in law, mother in law, Jeth and Jethani of the opposite party no. 2. The applicant no. 1 solemnized marriage with the opposite party no. 2 on 22.06.2021. Submission of the applicants is that though initially FIR was lodged under Section 498-A, 323, 354, 313, 377 IPC and 3/4 of the DP Act but Section 377 was not knocked down and its place against one of the accused-applicant under Section 354 has been inserted. Learned counsel for the applicants next submits that it is a family dispute being matrimonial discomfort and even in fact in case the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad there are bright chances and all possibilities that the issue being settled between the parties and as obviously this matter emanates from the matrimonial dispute.

4. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):-

(a) The applicant no.1 is directed to deposit a sum of Rs 30,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In charge Mediation and Conciliation Centre, High Court, Allahabad.

(b) After deposit of the aforesaid money by the applicant no.1, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.

(c) Out of aforesaid amount, a sum of Rs 20,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation Centre. A sum of Rs. 3,000/- shall be payable to the Mediation Centre.

(d) The rest amount of Rs 7000/- shall be abide by the outcome of mediation.

(e) In case, mediation succeeds, the above amount Rs 7000/- (rest amount) shall be adjusted accordingly.

(f) In case, mediation fails, the said amount Rs. 7000/- (rest amount) shall be returned to the applicant no.1 within two weeks from the date of final order passed by the mediation centre.

(g) The Mediation Centre will submit its report in the matter within two months.

5. In addition to the same issue notice to the opposite party no. 2.

6. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

7. List this case on 12.05.2025 in the additional cause list before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.

8. Till the next date of listing, the further proceedings in Criminal Case No. 108668 of 2023 (State Vs. Prashant Shukla and others), arising out of Case Crime No. 51/23, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act against the applicant nos. 1, 2, 3, 5, 6 and 7, under Sections 498-A, 323, 354 IPC and 3/4 Dowry Prohibition Act against the applicant no. 4 and the impugned cognizacne summoning order dated 19.09.2023 passed by Fast Track Court (F.T.C.)-II, District Varanasi in so far as it pertains to the applicants shall remain stayed.

9. It is made clear that in case, the said amount, as directed above, is