Allahabad High Court
SMT KOMAL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court dismissed the writ petition, allowing the petitioner to file a fresh petition later.
Summary
The petitioners filed a writ petition under Article 226 of the Constitution seeking a direction that the State not take any coercive action against them in their matrimonial life and to provide security for the same. During the hearing, the petitioner's counsel expressed that the petitioner no longer wished to pursue the writ. The Court accepted this withdrawal and dismissed the petition, granting the petitioners liberty to file a fresh petition if they so desire. No substantive merits of the petition were examined. The order was pronounced on 5 May 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether a writ petition under Article 226 can be dismissed on the petitioner's request to withdraw the relief sought
Subjects
- Article 226
- writ petition
- withdrawal of petition
- dismissal
- peaceful matrimonial life
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17317 of 2026
Smt Komal And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Dubey
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Sanjay Kumar Dubey, learned counsel for the petitioners and Sri
A.K. Singh, learned Standing Counsel for the State.
This writ petition under Article 226 of Constitution of India has been filed
with the prayer to command the state respondents not to take any coercive
action against the petitioners in their peaceful matrimonial life. Further,
direct the respondent nos. 2 and 3 to ensure the respondent no. 4 not to make
any interference in the matrimonial life of the petitioners and direct the
respondent nos. 2 and 3 to provide security to peaceful matrimonial life of
the petitioners.
After some argument learned counsel for the petitioners submits that he does
not want to press this writ petition.
Accordingly, this writ petition is dismissed with liberty to file a fresh.
May 5, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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