Interim Protection from Arrest Granted in Matrimonial Dispute Pending Mediation Subject to Pre-deposit of Costs.

The applicant, Jaikant Sahu, filed his first anticipatory bail application apprehending arrest in connection with Crime No. 22/2026 registered at Police Station Kasdol.

The complainant, Meenakshi Sahu, alleged that following her marriage to the applicant on December 3, 2024, her husband and his family demanded an additional ₹5,00,000 and a car despite having already received significant dowry.

She alleged physical and mental cruelty, primarily at the hands of the applicant, leading to the registration of an FIR on January 13, 2026.

The applicant contended that the dispute is matrimonial and sought a referral to mediation.

Whether, in the context of a matrimonial dispute, the matter should be referred for mediation and the applicant granted interim protection from arrest.

The court primarily applied Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) regarding the grant of anticipatory bail.

The substantive offences alleged were under Sections 85 (Cruelty by husband or relatives), 296 (Obscene acts and songs/Abuse), and 3(5) (Joint liability/Common intention) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The court also invoked the principle of promoting amicable settlements through mediation in matrimonial litigations to serve the interests of justice.

The Court evaluated the allegations of dowry harassment and cruelty against the matrimonial nature of the conflict.

It observed that since the dispute emerged from a marital relationship, there existed an opportunity for an amicable settlement.

Rather than immediately adjudicating on the merits of the bail application, the Court exercised its discretion to facilitate reconciliation.

To ensure the bona fides of the applicant and provide immediate support to the complainant, the Court conditioned the mediation process on a deposit of ₹1,00,000 by the applicant to be paid to the wife.

Consequently, the Court determined that an interim order protecting the applicant's liberty was necessary while the mediation proceedings were conducted.

The Court granted interim protection, directing that the applicant shall not be arrested in connection with Crime No. 22/2026 until the next date of hearing.

The matter is listed for further consideration on March 23, 2026, pending the mediation report.