Riha Gupta and Anr. Vs State of NCT of Delhi and Ors. — Domestic Violence | Delhi HC (2026)

Riha Gupta and Anr. Vs State of NCT of Delhi and Ors. — Domestic Violence | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of on the basis of the State's submissions: the telephone numbers of the concerned SHO and beat constable are to be provided to petitioner No. 1 for urgent action in case of exigency; the concerned SHO is to take steps to initiate preventive proceedings before the Executive Magistrate, if necessary, within one week; and further proceedings on NCR No. 42/2025 are to be taken expeditiously in accordance with law.

Issue for consideration

Whether the petitioners are entitled to (i) immediate and continuous police protection for petitioner No. 1 and her minor son; (ii) maintenance of complete status quo with respect to possession and peaceful residence in the shared household at B-2/57, Second Floor, Yamuna Vihar, restraining dispossession, coercion or interference; (iii) initiation of preventive proceedings by the Executive Magistrate, Yamuna Vihar, to bind down Respondent Nos. 6 to 15 for maintaining peace; and (iv) a short status report from the DCP, North-East District, Delhi.

Court's answer

As no further relief is sought in the petition, the petition is disposed of on the basis of the submissions made by the learned Additional Standing Counsel for the State.

Ratio / Principle

Since notice has not been issued to the private respondents, action is to be taken in accordance with law, and the Court has made no observations with regard to the merits of the allegations made by the petitioners.

Detailed headnote1 paragraphs

Delhi High Court (Prateek Jalan, J.), disposing of a writ petition under Article 226 filed by Riha Gupta on behalf of herself and her minor son against the State of NCT of Delhi and others (Respondent Nos. 6 to 15 being family members and associates of her estranged husband). The petition sought immediate and continuous police protection, maintenance of status quo over possession and peaceful residence in the shared household at B-2/57, Second Floor, Yamuna Vihar, initiation of preventive proceedings by the Executive Magistrate, Yamuna Vihar, to bind down Respondent Nos. 6 to 15, and a status report from the DCP, North-East District. Counsel for the petitioners noted that proceedings under the Protection of Women From Domestic Violence Act, 2005 had already been instituted. The State's Additional Standing Counsel submitted, upon instructions, that the petitioner's complaint had been received, that the telephone numbers of the concerned SHO and beat constable would be provided to her, that the SHO would take steps to initiate preventive proceedings before the Executive Magistrate, if necessary, within one week, and that NCR No. 42/2025 (Police Station Bhajan Pura, dated 07.07.2025) had been recorded with further proceedings to follow expeditiously in accordance with law. As no further relief was sought, the petition was disposed of on the basis of these submissions; the Court clarified that, notice not having been issued to the private respondents, action was to be taken in accordance with law and no observations were made on the merits of the allegations.

$~64

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 519/2026 & CRL.M.A.4760/2026

RIHA GUPTA AND ANR .....Petitioners Through: Mr. Om Saran Gupta, Advocate.

versus

STATE OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma, Advocate for State.

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 12.02.2026

Petitioner No. 1 has filed this petition on behalf of herself and her minor son, under Article 226 of the Constitution, seeking the following reliefs:

“ (a) Direct Respondent Nos. 1 to 4 to provide immediate and continuous police protection to the Petitioner and her minor son;

(b) Direct the Respondents to maintain complete status quo with respect to possession and peaceful residence of the Petitioner in the shared household at B-2/57, Second Floor, Yamuna Vihar, and restrain any act of dispossession, coercion, or interference;

(c) Direct Respondent No.5 - Executive Magistrate, Yamuna Vihar, to initiate preventive proceedings forthwith to bind down Respondent Nos.6 to 15 for maintaining peace in the locality;

(d) Call for a short status report from the DCP, North-East District, Delhi .”

Respondent Nos. 6 to 15 in the petition are members of the family

and associates of her estranged husband [respondent No. 6 herein].

Mr. Om Saran Gupta, learned counsel for the petitioners, states that

W.P.(CRL) 519/2026 Page 1 of 2

This is a digitally signed order.

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 14:00:11

petitioner No. 1 has already instituted proceedings under the Protection of Women From Domestic Violence Act, 2005.

Mr. Yasir Rauf Ansari, learned Additional Standing Counsel, who appears on advance notice, on behalf of the State, submits, upon instructions, that the complaint of petitioner No. 1 has already been received, and the telephone number of the concerned SHO and beat constable will be provided to petitioner No. 1, so that she can seek urgent action in the event of any exigency.

Mr. Ansari further states that the concerned SHO will also take steps to initiate preventive proceedings before the Executive Magistrate, if necessary, within a period of one week from today. He also submits that a non-cognizable report [NCR No. 42/2025, registered at Police Station Bhajan Pura, dated 07.07.2025] has also been recorded, and further proceedings will be taken expeditiously in accordance with law. 6. As no further relief is sought in the petition, the petition is disposed of on the basis of the aforesaid submission of Mr. Ansari.

As notice has not been issued to the private respondents, it is made clear that action be taken in accordance with law, and this Court has made no observations with regard to the merits of the allegations made by the petitioners.

PRATEEK JALAN, J

FEBRUARY 12, 2026 ‘Bhupi’/AD/

W.P.(CRL) 519/2026 Page 2 of 2

This is a digitally signed order.

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 14:00:11