R.D.SHARMA Vs. V.K.CHAUDHARY

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure, is maintained by the petitioner for quashing the complaint filed by the complainant, under Sections 23 and 25, read with Section 28 of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter to be called as "PC and PNDT Act, 1994) and Sections 120-B and 201 of Indian Penal Code, being complaint No. 34-3 of 2015, as well as order dated 05.05.2017, passed by learned Judicial Magistrate 1st Class, Court No. 2, Ghumarwin, District Bilaspur, H.P., whereby the charge, under Section 23 of the PC and PNDT Act, 1994, has been framed against the petitioner.

(2.) Briefly stating the facts giving rise to the present petition as per the prosecution are that on 30.05.2014, the petitioner had conducted Pre-natal Diagnostic Test on one Smt. Priyanka Kapoor (hereinafter to be called as "the victim") in connivance with her husband and mother-in-law and disclosed the sex of foetus to them as girl child. The further allegations against the petitioner are that he has violated Rule 9(4) and Rule 10(1A) of PC and PNDT Rule, 1996.

(3.) The complaint made by the victim to the Police Station, Barmana on 11.05.2014 is as under: