Allahabad High Court
SMT. SAPNA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as infructuous because the filing of an FIR and subsequent actions have rendered the relief sought unnecessary.
Summary
The petitioners, Smt. Sapna and another, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State to protect their peaceful matrimonial life from alleged interference by respondent No.4. The State counsel informed the Court that an FIR had already been lodged concerning the matter and that appropriate instructions had been issued, rendering the petition moot. The Court noted that the filing of the FIR and subsequent actions made the relief sought no longer necessary. Consequently, the Court held that the petition had become infructuous. The petition was therefore dismissed.
Issues considered
- Whether the High Court should issue a writ of mandamus under Article 226 to protect the petitioners' matrimonial life when an FIR has already been lodged.
Legislation cited
- Constitution of India — s. 226
Subjects
- Article 226
- mandamus
- writ petition
- matrimonial protection
- infructuous petition
- FIR
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17828 of 2026
Smt. Sapna And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar Singh, Karan
Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Dharmendra Kumar Singh, 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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