MEENAKSHI GAUTAM vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.04.2026 Judgment pronounced on: 15.04.2026 Judgment uploaded on: 15.04.2026 + CRL.M.C. 2325/2026 & & CRL.M.A. 9469/2026 MEENAKSHI GAUTAM .....Petitioner Through: Mr. Sanjeev Sahay with Mr. Archit Rajput, Advocates. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with Ms. Puja Mann, Advocate and with SI Chitra, P.S. Prashant Vihar. Mr. Mahesh Tiwari, Ms. Saumya Tiwari and Mr. Bishnu Prasad Tiwari, Advocates for R-2. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The present petition has been filed seeking setting aside of the order dated 11.03.2026 [hereafter „impugned order‟] passed by the learned Judicial Magistrate-01, Mahila Court, Rohini District Court, New Delhi [hereafter „Trial Court‟] in Criminal Case No. 12832/2025 titled ‘State vs. Sanjay Gautam’, to the extent that the petitioner was not permitted to be recalled for further examination-in- Signature Not Verified CRL.M.C. 2325/2026 Page 1 of 20 Digitally Signed By:ZEENAT PRAVEEN Signing Date:15.04.2026 19:15:54 chief and was allowed to be recalled only for the purpose of cross- examination. FACTUAL BACKGROUND 2. Briefly stated, the facts of the case, as put forth by the petitioner, are that the marriage between the petitioner and respondent no. 2 was solemnized on 22.04.2004 in Delhi according to Hindu rites and customs. Out of the said wedlock, a girl child „K‟ was born on 22.10.2005. It is alleged that on 26.12.2006 the petitioner was severely beaten by respondent no. 2, following which the police had reached the spot, rescued the petitioner and had taken her to the hospital. On the same day, the petitioner had lodged a complaint against res