Delhi High Court - Orders
Smt. Divya Sachar vs State, Govt Of Nct Of Delhi & Anr on 24 December, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9314/2025
SMT. DIVYA SACHAR .....Petitioner
Through: Ms. Medhavi Bhatia, Ms. Prerna
Arora, Mr. Rishabh Tomar and Mr.
Umesh Kumar, Advs.
versus
STATE, GOVT OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Manjeet Arya, APP for State with
S.I. Kishan Chand, P.S. Dwarka
South.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 24.12.2025 CRL.M.A. 38895/2025 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 9314/2025 & CRL.M.A. 38894/2025 (by the petitioner under Section 528 BNSS, 2023 seeking interim relief)
3. The present petition has been filed seeking following reliefs:
"a.) Quash the Impugned Order dated 08.12.2025 passed by the Ld. JMFC-04, South-West, Dwarka Courts in Ct. Case No.4992409/2016;
b.) Quash the Complaint dated 25.04.2016 filed by Respondent No.2 and all consequential proceedings arising out of the Complaint case titled "Pawan Kumar Pandey vs. Divya Sachar" in so far as they relate to the Petitioner / accused; c.) Grant ad-interim stay on the operation of the Impugned Order dated 08.12.2025 and stay further proceedings in Ct. Case No. 4992409/2016 during the pendency of the present petition;
d.) Call for and requisition the Trial Court Record [TCR] for the purposes of completeness of the record."
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 29/12/2025 at 20:32:57
4. Ms. Medhavi Bhatia, learned counsel appearing on behalf of the petitioner submits that the petitioner is aggrieved by the impugned order dated 08.12.2025 which is the order on charge.
5. She submits that earlier an FIR No.776/2014 was registered at the instance of respondent no.2/complainant against the present petitioner under Section 279/337 IPC. However, the chargesheet was filed in the Court only under Section 279 IPC as the IO had dropped the charges under Section 337 IPC.
6. She submits that during the course of trial, the petitioner had pleaded guilty to the charge under Section 279 IPC and accordingly, she was convicted and fine of Rs.400/- was imposed upon her.
7. She contends that thereafter, the complainant had filed complaint under Section 200 Cr.P.C. for the offence under Section 337 IPC.
8. She contends that the complainant could not have maintained the complaint on the same set of allegations.
9. In view of the above, issue notice.
10. Ms. Manjeet Arya, learned APP appearing on behalf of respondent no.1/State accepts notice.
11. On petitioner taking steps, issue notice to respondent no.2 by all permissible modes, returnable on 18.03.2026.
12. In the meanwhile, the petitioner is directed to join proceedings before the learned Trial Court through VC.
VIKAS MAHAJAN, J DECEMBER 24, 2025/aj 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 29/12/2025 at 20:32:57