ASHA RAWAL Vs. BASANT LAL

JUDGEMENT

(1.) This petition has been filed under section 482 Criminal Procedure Code . for quashing order dated 18th May 1983 passed by Shri Rajesh Kumar Metropolitan Magistrate, Shahdara, Delhi, and for quashing the complaint filed by respondent No. 1 and proceedings pending on the said complaint before Shri Sat Pal Metropolitan Magistrate, Shahdara, Delhi.

(2.) It may be noticed that this Cr. Misc. (M) petition was originally moved by petitioner Dr. Asha Rawal who is working as the Medical Coordinator of M/s. Marie Stopes Society Clinic (hereinafter for short known as Society) affiliated to Population Services, a charitable institution based in U.K. with population and family welfare programmes, One of the objects of the Society is to educate and adherence to the Medical. Termination of Pregnancy 430 Act, 1971 (hereinafter known as MTP Act). The other three petitioners, Bal Kishan Sharma, Naresh Kumar Sharma and Rajeev Kumar Sharma, father and brothers of one Smt. Tripta Sharma, were permitted to join as petitioners later on after they presented Crl. M. 1739/84 in this court. This was done by an order of this court dated 21-11-1984.

(3.) Brief facts are that on 24th March 1983 respondent No. 1 filed a complaint against the petitioners other than Dr. Asha Rawal under sections 342/ 323/506/34 1PC wherein respondent No. 1 along with one Dalip were examined as presummoning witnesses on 26-3-1933. Respondent No. 1 also obtained search warrants for recovery of Tripta Sharma, whom he claimed to be his wife, on 30-3-1983. The matter was then adjourned to 26-4-1983. However, on 6-4-1983 Tripta Sharma was produced in the court and her statement was recorded on the same day wherein she stated that respondent No. 1 was her husband and that she was wrongfully confined by her father and brothers and her abortion was got done by her father and brothers against her will at the Society. On 26th April 1983 the case was again adjourned to 16th May 1983 when another witness Dr. Amina Hussain was examined and she in her statement said that she was attending to the pregnancy of Tripta Sharma who had been brought to her by respondent No. 1 and that on her examination after her recovery she found her no more pregnant. After recording the statement of Dr. Amina Hussain the case was again adjourned to 18th, May 1983,