Allahabad High Court
SAPNA AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as infructuous because the subject matter is already being addressed through a pending FIR.
Summary
Petitioners 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.5. 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 held that since the issue was already being addressed through the criminal proceeding, the petition had become infructuous. Consequently, the Court dismissed the petition as infructuous without further hearing. The dismissal was based on the principle that a court will not entertain a petition when the relief sought is no longer necessary due to parallel proceedings.
Issues considered
- Whether the High Court can entertain a writ petition under Article 226 seeking protection of matrimonial life when a criminal FIR is already pending.
Legislation cited
- Constitution of India — s. 226
Subjects
- writ of mandamus
- Article 226
- mootness
- infructuous petition
- FIR
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17854 of 2026
Sapna And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shamsuddin Ahmad
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Shamsuddin Ahmad, 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.5.
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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