Disposed¶30

Mr Gaurav Sharma v. Shruti Gupta & Anr.

Delhi HC13 Feb 2026CRL.M.C./372/2026

Case brief

AI extract

What is this about?

CRL.M.C. 372/2026, High Court of Delhi, decided 13.02.2026 by Prateek Jalan, J. Petition under Section 528 BNSS 2023 against Family Court order dated 26.11.2025 issuing warrants of arrest in maintenance execution proceedings. Parties settled by JMFC Saket order dated 02.02.2026 in CT Case No. 735/2023 for Rs. 22,50,000/- (installments of Rs. 7,00,000/-, Rs. 7,00,000/- and Rs. 8,50,000/- tied to mutual-consent divorce motions and quashing of FIR No. 187/2024 PS Malviya Nagar). Warrants set aside with consent; execution proceedings to be withdrawn on 06.03.2026 subject to compliance, revival permitted on default; petition disposed; hearing of 11.12.2026 cancelled.

What did the court decide?

Warrants of arrest issued against the petitioner set aside with consent of counsel; petition disposed of; next date of hearing (11.12.2026) cancelled.

Mr Gaurav Sharma Vs Shruti Gupta & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Warrants of arrest issued against the petitioner set aside with consent of counsel; petition disposed of; next date of hearing (11.12.2026) cancelled.

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Issue for consideration

Whether the warrants of arrest issued against the petitioner by the Family Court's order dated 26.11.2025 in execution of maintenance proceedings should be set aside, in view of the settlement arrived at between the parties.

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Ratio / Principle

In view of the settlement between the parties, the warrants of arrest issued against the petitioner are set aside with the consent of learned counsel for the parties; if the execution proceedings are revived in the event of non-compliance with the settlement, fresh warrants may be issued by the Family Court.

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Key takeaways

On account of the settlement, the respondent is to withdraw the execution proceedings from which the petition arises on the next date of hearing (06.03.2026), subject to the petitioner complying with the terms of settlement; in the event of non-compliance it is open to the respondent to seek revival of the proceedings before the Family Court.ratio¶23

Detailed headnote1 paragraphs

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against an order dated 26.11.2025 of the Family Court issuing warrants of arrest against the petitioner-husband in execution proceedings arising out of a maintenance order in favour of his wife. During the pendency of the petition, the parties settled their disputes by an order dated 02.02.2026 of the Judicial Magistrate First Class, Saket Courts, in CT Case No. 735/2023, providing for payment of Rs. 22,50,000/- in three installments (Rs. 7,00,000/- at the first motion, Rs. 7,00,000/- at the second motion for divorce by mutual consent, and Rs. 8,50,000/- at the filing of a quashing petition for FIR No. 187/2024, PS Malviya Nagar). Counsel agreed that the respondent would withdraw the execution proceedings on 06.03.2026, subject to the petitioner's compliance with the settlement, failing which the proceedings could be revived before the Family Court. Held: the warrants of arrest were set aside with the consent of counsel, with liberty for the Family Court to issue fresh warrants upon revival in the event of non-compliance; the petition was disposed of and the next date of hearing (11.12.2026) stood cancelled.

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$~67

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 372/2026 and Crl.M.A. No. 1411/2026

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MR GAURAV SHARMA .....Petitioner Through: Mr.Arpit Rai, Advocate

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versus

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SHRUTI GUPTA .....Respondents Through: Mr.Kshitij, Advocate

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 13.02.2026

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The present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, is directed against an order dated 26.11.2025, passed by the Family Court, by which warrants of arrest have been issued against him in connection with execution proceedings arising out of an order of maintenance in favour of his wife [respondent herein].

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Pursuant to order dated 12.02.2026, Mr. Kshitij, learned counsel for respondent, has entered appearance.

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The petition is taken on board with the consent of both parties.

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Learned counsel for the parties confirm that by an order dated 02.02.2026 passed by the Judicial Magistrate First Class, Saket Courts, in CT Case No. 735/2023, the parties have settled the dispute. A copy of the said order has been handed up in Court, and is taken on record. It provides for payment of a sum of Rs. 22,50,000/- by the petitioner herein

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CRL.M.C. 372/2026

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Page 1 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/02/2026 at 14:27:58

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to the respondent in full and final settlement of all claims. The schedule of payment is as follows:

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“ (i) The first installment of Rs.7,00,000/- (Rupees Seven Lakh only) shall be paid by respondent /husband to the complainant/wife by way of demand draft/RTGS/bank transfer in the name of complainant/wife at the time of recording of statement of the parties towards first motion for divorce by way of mutual consent which shall be filed on or before 13.03.2026.

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(ii) The second installment of Rs.7,00,000/- Rupees Seven Lakh only) shall be paid by respondent /husband to the complainant/wife by way of demand draft/RTGS/bank transfer in the name of complainant/wife at the time of recording of statement of the parties towards second motion for divorce by way of mutual consent which shall be filed on or before 30.05.2026 after moving a joint application seeking waiver of cooling off period.

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(iii) The third and final installment of Rs.8,50,000/- (Rupees eight Lakh Fifty Thousand only) shall be paid by respondent/husband to the complainant/wife by way of demand draft/RTGS/bank transfer in the name of complainant at the time of recording statement of both the parties before the Hon’ble High Court of Delhi at the time of filing of quashing petition of the FIR No. 187/2024, PS Malviya Nagar, which shall be filed preferably before 25.07.2026 for within 45 days of receiving the certified copy of divorce by way of mutual consent from the concerned Court. The complainant/wife agrees to fully cooperate with respondent/husband in filing the quashing petition

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(iv) Complainant/wife agrees to withdraw execution petition pending before the concerned court after receiving 1^st instalment from respondent/husband and respondent/husband undertakes to withdraw cases/application/petition filed by him against complainant before the Hon’ble High Court of Delhi. The parties also undertake to withdraw their respective remaining cases filed against the other once decree of divorce by way of mutual consent is received from concerned Court. ”

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In view of the above settlement, learned counsel for the parties agree that the respondent herein will withdraw the execution proceedings from which the present petition arises, on the next date of hearing, i.e. 06.03.2026. However, the withdrawal will be subject to the petitioner complying with the terms of settlement. In the event of non-compliance, it will be open to the respondent to seek revival of the proceedings before

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CRL.M.C. 372/2026

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Page 2 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/02/2026 at 14:27:58

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the Family Court.

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By order dated 15.01.2026, this Court had directed that warrants of arrest issued against the petitioner would not be executed until the next date of hearing. That order continues to hold the field. As the parties have agreed to settle the matter, the warrants are set aside, with the consent of learned counsel for the parties. Needless to say, if the proceedings are revived in the event of non-compliance, fresh warrants may be issued by the Family Court.

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The petition stands disposed of with these directions.

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The next date of hearing, i.e. 11.12.2026, stands cancelled.

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PRATEEK JALAN, J

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FEBRUARY 13, 2026 ‘sv’/AD/

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CRL.M.C. 372/2026

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Page 3 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/02/2026 at 14:27:58

Mr Gaurav Sharma v. Shruti Gupta & Anr.

Case brief

What is this about?

What did the court decide?

Mr Gaurav Sharma v. Shruti Gupta & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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