Telangana High Court
Athul Unnikrishnanan, vs State Of Telangana on 25 June, 2025
1
THE HON'BLE SRI JUSTICE E.V. VENUGOPAL
WRIT PETITION No.5491 OF 2020
O R D E R:
This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-
"... to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2: (i) in registering the false FIR vide No.79 of 2020 against the Petitioners without following the procedure of law laid down by the Apex Court in matrimonial matters (ii) in mentioning the Petitioner No.1 & 2 both as A-1, Petitioner No.3 & 4 both as A-2, Petitioner No.5 as A-3 in the FIR vide No.79 of 2020, dated 31.01.2020 as arbitrary, illegal, against rule of law, natural justice, violation of apex court judgment and also violation of article 14, article 21 of Constitution of India. Consequently, quash the FIR vide No.79 of 2020 registered U/s 498-A, 420 IPC at Respondent No.2 and pass such other order or orders ..."
2. Heard Mr.D.V.Rao, learned counsel for the petitioners and Mr.B.Sridhar, learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2.
3. Learned counsel for the petitioners submits that petitioner Nos.1 to 4 have compromised the matter with respondent No.3 and this Court vide common order dated 24.03.2023 in Crl.P.No.3164 of 2023 & I.A.Nos.3 and 4 of 2023 quashed the proceedings against petitioner Nos.1 to 4 in C.C.No.2174 of 2020 on the file of the learned I Additional Junior Civil Judge-cum-I Additional Metropolitan Magistrate, Malkajgiri (for short, "the trial Court"); that pursuant thereto, C.C.No.2174 of 2020 on the file of the trial Court is disposed of on 18.05.2023; that in respect of petitioner No.5, he states that the trial Court has not taken 2 cognizance. Therefore, he seeks to dismiss this Writ Petition as infructuous.
4. Learned Assistant Government Pleader for Home concedes to the said request.
5. Having regard to the submissions of both the learned counsel, upon perusing the common order dated 24.03.2023 passed by this Court in Crl.P.No.3164 of 2023 and I.A.Nos.3 and 4 of 2023, this Court is of the opinion that no further orders are required in this Writ Petition as the impugned proceedings in respect of petitioner Nos.1 to 4 are already quashed. Since, the trial Court has not taken cognizance in respect of petitioner No.5, no purpose would be served in keeping this Writ Petition pending.
6. In view of the above, the Writ Petition is dismissed as infructuous. No costs.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 25.06.2025 ESP 3 THE HON'BLE SRI JUSTICE E.V. VENUGOPAL 4084 WRIT PETITION No.5491 OF 2020 Dated: 25.06.2025 ESP