Allahabad High Court
SHIVANI AND ANOTHERversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as infructuous because the matter has already been taken up through an FIR and appropriate instructions have been issued.
Summary
The petitioners, Shivani and another, filed a writ petition under Section 226 of the Constitution of India seeking a mandamus directing the State to protect their peaceful matrimonial life from a third party. The State 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 by the petitioners no longer necessary. Consequently, the Court held that the petition had become infructuous. The petition was therefore dismissed as infructuous.
Issues considered
- What relief, if any, can be granted under Section 226 of the Constitution when the subject matter of the petition has already been addressed by a pending FIR?
Legislation cited
- Constitution of India — s. 226
Subjects
- writ of mandamus
- Section 226
- matrimonial protection
- infructuous petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17883 of 2026
Shivani And Another
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ambrish Singh, Swapnil Gupta
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Swapnil Gupta, 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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