BHUPINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHUPINDER Kaur petitioner, who is an unmarried Homeopathic Doctor of the age of 25 years, has filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 69 dated 16.4.2003 under Sections 304A/314/34 IPC, registered with Police Station City Abohar, District Ferozepur, and all subsequent proceedings arising therefrom.

(2.) THE FIR in this case was registered against the petitioner and two others, namely Shakti and Amarjit Kaur, on the basis of the statement of Jagir Singh respondent No. 2, wherein he stated that he was having four children. When his wife Sheela Bai told him that she was pregnant, keeping in view the fact that they were already having four children, it was decided by the couple to get the pregnancy terminated. For that purpose, they went to Doctor Shakti. He gave some injections to his wife Sheela Bai. After 2/3 days, she complained of some pain. Then, they again went to Doctor Shakti, who asked them to go the petitioner Bhupinder Kaur. As per the allegations in the FIR, petitioner gave some medicine to Sheela Bai and asked her to come after 2/3 days. After 10 days, when condition of the wife of the complainant did not become stable, they again came to the petitioner, who in association with one Nurse Amarjit Kaur aborted the pregnancy of the wife of the complainant and gave her some medicine. After 3/4 days of the said abortion, her condition deteriorated and subsequently she was admitted at Jaipur Hospital, Abohar on the advise of the petitioner, where she died on 14.4.2003. It was alleged by the complainant that his wife died due to wrong operation performed by the petitioner and Nurse Amarjit Kaur.

(3.) PURSUANT to the notice issued by this Court, respondent No. 2-complainant filed reply by way of affidavit, in which he has stated that on his investigation, it was found that the petitioner was having no role in the death of his wife and he has no objection if the FIR in question is quashed.