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Allahabad High Court

SMT. MEHAR JAHAN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is infructuous and cannot be entertained because the matter is already before the criminal investigative machinery.

Summary

The petitioners, Smt. Mehar Jahan and another, filed a writ petition under Section 226 of the Constitution of India seeking a mandamus directing the respondents to protect their peaceful matrimonial life from respondent No.4. The State counsel informed the court that an FIR had already been lodged concerning the same subject matter. The court held that the filing of the FIR rendered the petition's relief moot. Consequently, the court found the petition to be infructuous. The petition was therefore dismissed.

Issues considered

  • Whether a writ petition under Section 226 seeking protection of matrimonial life is maintainable when an FIR on the same matter is already pending.

Legislation cited

Subjects

  • writ of mandamus
  • Section 226
  • family law
  • infructuous petition
  • FIR

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 17841 of 2026

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

                                    Counsel for Petitioner(s)           :   Mohammed Shadan, Mohd. Aslam
                                    Counsel for Respondent(s)           :   C.S.C.

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

                                    Ms. Chaman Ara, Advocate has filed Vakalatnama on behalf of the opposite
                                    party no. 4, in the registry, which is taken on record.

                                    Office is directed to trace out the same and place it on record.

                                    Sri Mohd. Aslam, 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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