Smt Shruti Kapoor vs State Of Up And 5 Others
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Allahabad High Court

Smt Shruti Kapoor vs State Of Up And 5 Others on 1 February, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:16740-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 159 of 2024
 

 
Petitioner :- Smt Shruti Kapoor
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Vivek Tripathi
 
Counsel for Respondent :- G.A.,G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Gajendra Kumar,J.

1. Heard learned counsel for the petitioner and learned A.G.A. appearing for the State-respondents.

2. The present writ petition has been preferred praying for the following relief:

"A. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to follow and comply with in view of the Judgment/order dated-17.11.2023 passed in Crl. Misc. Writ petition No. 9321 of 2023 (Anshul Kapoor and others Vs. State of U.P. and others) passed by this Hon'ble Court in Matrimonial dispute between the parties Settlement/ Agreement dated 08.10.2023with the term and condition laid down.

B. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents restraining them not to create hindrance and illegal act in the life, liberty and living of petitioner legally wedded wife of her husband respondent no.3 living in family with make and ensure the term and condition of compromise as well as order passed by this Hon'ble Court."

3. Learned counsel for the petitioner in support of his submissions states that earlier the petitioner had lodged First Information Report dated 21.5.2023 registered as Case Crime No. 161 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Civil Lines, District Prayagraj. As there was matrimonial dispute, the matter was referred to Mediation and Reconciliation Centre of this court. Finally, the parties had settled the animosity/ matrimonial dispute and thereafter, the Division Bench vide order dated 17.11.2023 had quashed the entire criminal proceedings. Learned counsel for the petitioner states that once the aforesaid writ petition was allowed, consequently again the husband started making all sort of atrocities against the petitioner and he has also thrown out the petitioner from her matrimonial home. Such situation compelled the petitioner to file this writ petition for getting substantial justice.

4. In such situation, we are not inclined to entertain the writ petition. Needless to say, the petitioner is at liberty to invoke the remedy of common law as available to her under law.

5. With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 1.2.2024

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