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High Court of DelhiW.P.(CRL)/153/2026

Shaista Alias Shaista Khan v. State Of Gnct Of Delhi & ANR.

2026-01-16Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 153/2026 SHAISTA ALIAS SHAISTA KHAN .....Petitioner Through:

Mr. Punit Vinay and Mr. Kumar Shivang, Advocates.

versus STATE OF GNCT OF DELHI & ANR.

.....Respondents Through:

Mr. Anand V Khatri, ASC (Crl) for State with SI Rakesh, PS: Narela.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 16.01.2026 CRL.M.A. 1451/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 153/2026 3.

By way of the present petition, the petitioner is seeking following prayers:

"i. Issue an appropriate writ, order or direction, more particularly a writ of mandamus, directing the Respondent No.1 to provide police protection to the Petitioner and her three minor daughters and ensure that no harm befalls on them, particularly, from the Respondent No.2 and other family members of the Petitioner; and/or ii. Issue an appropriate writ, order or direction, more particularly a writ of prohibition, prohibiting the Respondent No.2 and its subordinate police authorities from taking any coercive action against Petitioner and her three minor daughters regarding the FIR no.001/2026 u/s 87 r/w 137 (2) of BNS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

falsely lodged on behalf of petitioner's father regarding kidnapping/abduction of petitioner and her three minor daughters.

iii. Direct that any statement of the petitioner, if required, be recorded only at her place of residence in Delhi or through video conferencing in accordance with law."

4.

Issue notice. The learned ASC (Crl) accepts notice on behalf of the State.

5.

This Court has heard the learned counsel for the petitioner as well as the learned Additional Standing Counsel for State. 6.

In the present case, the petitioner is a mother of three minor children. It is stated that the marriage between the petitioner and her husband was solemnized in the year 2007, in accordance with Muslim rites and ceremonies. Thereafter, the petitioner's husband and her mother-in-law had started harassing the present petitioner for bringing less dowry. Thereafter, due to continuous harassment on behalf of the petitioner's husband and his family members, the petitioner had left her husband's home and started living in her father's home. However, repeated threats were given by the petitioner's husband and mother-in-law to her and her minor daughters. Thereafter, the petitioner had lodged a complaint before Police Station Kotwali, Rampur (UP), however, no action was taken by the police regarding the same.

7.

This Court notes that the petitioner has inter alia prayed for protection of herself and life of her three minor children from her husband and his family members. The right to life and liberty is a cherished Fundamental Right guaranteed by the Constitution of India and the instant case merits a careful indulgence of this Court in ensuring the same. 8.

Keeping in view the sensitivity of the present matter and submissions The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

made by learned counsel for the petitioners, the petitioner is directed to provide her contact number to the concerned SHO and Beat Constable, and the concerned officers are also directed to provide the contact numbers of Beat Constable and SHO concerned to the petitioner, and provide necessary assistance as per law in case the need so arises. 9.

In view of the above, the learned counsel for the petitioner states that he is satisfied with the above arrangement and does not want to press his prayer nos. 2 & 3.

10.

It is clarified that this order will not be considered as any reflection on the merit of any dispute, pending between the parties. 11.

Accordingly, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JANUARY 16, 2026/vc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.