GURDEV KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This common judgment shall dispose of batch of four petitions, captioned above, having been filed with the common prayer of quashing FIR No.48 dated 16.02.2006, registered under the Medical Termination of Pregnancy Act, 1974 (for short, 'the MTP'); and Sections 313 and 120-B of the Indian Penal Code (for short, 'the IPC'), at Police Station, Phase I, Mohali, and all consequential proceedings arising therefrom.

(2.) It is the case of the prosecution that petitioner Amanjeet Kaur got terminated her pregnancy illegally, in connivance with co-accused/petitioners, after having come to know that it was a female foetus.

(3.) It is contended that the allegations levelled against the petitioners are without any basis. As petitioner, Amanjeet Kaur, was suffering from serious and life-threatening medical problems during pregnancy, pre-mature delivery was conducted, wherein, she delivered a dead foetus. The petitioner-wife and her husband were having matrimonial discord and the instant FIR has been registered only to harass and humiliate her. The medical evidence shows that dead foetus was delivered by the petitioner. After detailed investigation, twice cancellation reports were prepared and presented before the trial Court, however, the same were rejected on both the occasions.