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Allahabad High Court

SMT. SHELJA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as infructuous because the matter is already under criminal investigation and appropriate instructions have been issued.

Summary

The petitioners, Smt. Shelja and another, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondents to protect their peaceful matrimonial life from respondent No.4. The State informed the Court that an FIR had been lodged concerning the same matter and that appropriate instructions had already been issued, rendering the subject matter of the petition already under investigation. The Court held that because the issue was being dealt with by the criminal process, the petition had become infructuous. Consequently, the Court dismissed the petition as infructuous. No substantive order on the merits of the matrimonial protection claim was made.

Issues considered

  • Whether a writ of mandamus can be issued under Article 226 to protect the matrimonial life of the petitioners.
  • Whether the filing of an FIR and issuance of instructions by the State render the writ petition infructuous.
  • Whether the petition remains maintainable after the criminal proceedings have been initiated.

Legislation cited

Subjects

  • writ of mandamus
  • Article 226
  • matrimonial protection
  • infructuous petition
  • FIR

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                          WRIT - C No. - 17665 of 2026

                                    Smt. Shelja And Another
                                                                                                     .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Kailash Prasad Pandey
                                    Counsel for Respondent(s)                   :   C.S.C.

                                    Court No. - 76
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Kailash Prasad Pandey, learned counsel for the petitioners and Sri
                                    Ashwani Kumar Tripathi, learned A.C.S.C. for the State.

                                    The present petition has been filed under Section 226 of the Constitution of
                                    India with the prayer to issue a writ of mandamus, directing the respondents
                                    to protect the peaceful matrimonial life, as husband and wife, of the
                                    petitioners from respondent no.4.

                                    Learned A.C.S.C. for the State pointed out that an FIR has been lodged with
                                    regard to the subject matter of the present case. Instructions in this regard
                                    has been received and the same is kept on record. The matter has become
                                    infructuous due to the aforesaid reason and the same may be dismissed as
                                    infructuous.

                                    Accordingly, the present petition is dismissed as infructuous.

                                    May 6, 2026
                                    Ishan
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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