LAWS(MAD)-2013-1-491

S. RAMYA DEVI Vs. D. MADHANKUMAR

Decided On January 29, 2013
S. Ramya Devi Appellant
V/S
D. Madhankumar Respondents

JUDGEMENT

(1.) The petition has been filed to quash the proceedings pending against him in C.C. No. 6066 of 2007 on the file of the learned II Metropolitan Magistrate, Egmore, Chennai. The facts of the case are as follows:

(2.) The learned Counsel for the petitioner would submit that during pregnancy, the respondent by demanding flat and car, kicked her on his stomach in the presence of other family members due to which the pregnancy got aborted and the petitioner was put to unbearable pain and sufferings. The learned Counsel would further submit that the termination of the pregnancy is a normal thing and the same is not prohibited as per the provisions of the Medical Termination of Pregnancy Act (hereinafter referred to as, 'the Act'. Therefore, the learned Counsel would pray to allow this petition.

(3.) The learned Counsel for the respondent would submit that when once the pregnancy was confirmed by the Life Line Rigid Hospital on 24.8.2006, it is not known, how the same was terminated and the same has to be proved by the petitioner/accused. Hence, the learned Counsel would pray to dismiss the present petition.