POONAM GANDHI vs STATE (NCT) OF DELHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 21st March, 2025 Date of Decision: 03rd July, 2025 + CRL.M.C. 1916/2025 POONAM GANDHI .....Petitioner Through: Mr. L.M. Grover, Adv. (Through VC) versus STATE (NCT) OF DELHI & ORS. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC (CRL) with Mr. Alok Sharma and Ms. Jyotsana Pandit, Advs. SI Awant PS Janakpuri Mr. Roshan Lal Saini, Adv. for R-2 to R-6 (Through VC) CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % JUDGMENT MANMEET PRITAM SINGH ARORA, J: 1. This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) read with Section 482 of the Code of Criminal Procedure, 1908 (‘CrPC’) for quashing of the following order(s): (i) order dated 02.02.2023 passed by LD. M.M., Mahila Court-05, South-west District, Dwarka Courts, Delhi in the case no. MC 833/2022 titled ‘Poonam Gandhi v. Sumit Gandhi & Ors’ (‘Trial Court’); Signature Not Verified Digitally Signed CRL.M.C. 1916/2025 Page 1 of 17 By:MAMTA RANI Signing Date:03.07.2025 16:26:47 (ii) order dated 10.07.2023 passed by LD. ASJ-02, South-west District, New Delhi in the case titled as ‘Poonam Gandhi v. State & Ors.’ bearing C.A. No. 158/2023 (‘Appellate Court’) upholding the Trial Court’s order dated 02.02.2023. 1.1. In addition, the Petitioner seeks directions to the Trial Court to summon Respondent nos. 3 to 6 to face the proceedings filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (‘DV act’) by the Petitioner. 2. This petition was initially numbered as W.P.(CRL.) 200/2024, however, vide order dated 11.03.2025, the petition was converted into a CRL.(M.C.) and treated as a petition under Section 482 of Cr.P.C. 3. Facts relevant to adjudicate the present matters are as under: