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Allahabad High Court

SHIVANI AND ANOTHERversusTHE STATE OF U.P. AND 3 OTHERS

Decided

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

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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