The Gujarat High Court has held that the society at large is affected by offences under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994. The Court said that the settlement in such kinds of offences between the parties cannot be accepted.

The application was filed under Section 482 of the Cr.PC. for quashing and setting aside the FIR for the offences punishable under Sections 304, 313, 314, 120(B), and 114 of the IPC and under Section 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 as well as the case pending before the Additional Chief Metropolitan Magistrate.

A Single Bench of Justice Gita Gopi observed, “The offence involved in the present case are serious in nature and the Society at large is affected by such offences under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 and settlement in such kind of offences cannot be accepted. Hence, prima-facie considering the nature of allegations qua the applicant, this Court does not find any reason to entertain the present application …”

The Bench further held that the application stands rejected as there was no reason to entertain the same.

Senior Advocate ND Nanavaty appeared on behalf of the applicants while Advocate Punam G Gadhvi and Additional Public Prosecutor Hardik Mehta represented the respondents.

In this case, the complainant being the mother of the deceased was having two daughters. It was alleged that the husband and parents-in-law used to harass the deceased and the complainant. As the in-laws wanted a son, they started forcing the deceased to get the foetus examined.

The husband often used to beat the deceased and on account of that, the deceased suffered pain and started bleeding due to which she was taken to the hospital for treatment, where the husband of the deceased had insisted on a pre-natal diagnosis of the foetus. The forcible abortion was performed after diagnosing the sex of the foetus and she was compelled to undergo abortion, which led to her death.

The High Court in view of the facts and circumstances of the case noted, “… it is unfortunate to note that the complainant is the mother of the deceased and has filed a Settlement Affidavit and has also given her consent for withdrawal of the complaint.”

The Court also relied upon the case of State of Madhya Pradesh v. Laxmi Narayan and Others reported in (2019) 5 SCC 688 in which the Apex Court considered the issue as to whether FIR lodged for the two offences punishable under Sections 307 and 34 of the IPC could be quashed on the basis of the settlement between the parties.

“Learned Senior Counsel Mr. N.D. Nanavaty seeks permission to withdraw the present petition, with a liberty to move for appropriate relief contending that the petitioner was protected by this Court. Permission with the liberty as prayed for is granted”, the Court said.

The Court in the above regard granted interim relief to the petitioner to remain in force for a period of two weeks.

Accordingly, the Court disposed of the petition.

Cause Title- Hitesh Ishwarbhai Misareeya & 1 Other v. State of Gujarat & 1 Other

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Gujarat High CourtJustice Gita GopiPre-Conception And Pre-Natal Diagnostic Techniques ActAbortionSection 482 CrPc

Swasti Chaturvedi