HITESH ISHWARBHAI MISAREEYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The above application/s/petition/s have been filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing I-C.R. No.185 of 2015 registered with Vatva Police Station, Ahmedabad City for the offences punishable under Ss. 304 , 313 , 314 , 120(B) , 114 of the Indian Penal Code and under Ss. 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 as well as the Criminal Case No.894 of 2015 pending before the learned Additional Chief Metropolitan Magistrate, Court No.18, Ahmedabad.

(2.) Learned Advocate for the complainant Mr. Punam G. Gadhvi has relied on the Affidavit dtd. 31/8/2022 of the complainant - Aluben Dayabhai Gohil, i.e. mother of the deceased victim and submits that the complainant does not wish to proceed with the complaint as there is no grievance against the accused - Hitesh Ishwarbhai Misareeya and Mehulbhai Jayantibhai Panchal, who are stated to be the accused No.2 and 3 in the charge-sheet. The accused No.3 was the Director of the Hospital at the relevant point of time. Further, the complainant has stated that the Affidavit is filed without any influence and pressure and the victim has put her thumb impression.

(3.) Learned Additional Public Prosecutor Mr. Hardik Mehta has vehemently objected to the above settlement and submitted that such kind of attitude of the victims have encouraged the Doctors and others as well as the in-laws of the victims women to conduct such prenatal diagnostic test for the determination of the sex of the fetus and because of such approach of the Doctors, the sex ratio between males and females has led to insecurity and created an imbalance where now the Society is facing problems of scarcity of girls.