AMTUL VAKIL SIDRA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioners/accused Nos.1 to 3 under Sec. 528 of B.N.S.S. seeking to call for the entire records relating to F.I.R.No.693 of 2024 on the file of the learned III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad (for short, "the trial Court") registered for the offences punishable under Ss. 315 of I.P.C. and Sec. 175(3) of B.N.S.S. and quash the same.

(2.) Heard Mr.Mohd. Adnan, learned counsel for the petitioners, Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State and Mr.Khaja Vizarath Ali, learned counsel for unofficial respondent No.2.

(3.) The brief facts of the case are that petitioner No.1 and respondent No.2/de facto complainant are wife and husband; that petitioner Nos.2 and 3 are the father-in-law and mother-in- law of the complainant; that during May 2023, the complainant came to know that his wife had become pregnant in April 2022; that she neither informed the complainant nor his parents about the same and aborted the pregnancy; that she has secretly consulted the complainant's family Gynaecologist Dr.Himabindu Veerla at Rainbow Children's Hospital, Banjara Hills, without the knowledge of the complainant for termination of the pregnancy; that the medical records of the Hospital also confirmed the pregnancy; that the complainant is the father of the foetus, and the abortion was done without his knowledge or consent; that when the complainant questioned her about the same, she left his company and went to reside with her parents. Thus, respondent No.2 alleges that petitioner No.1 has resorted to an illegal abortion under the influence of her parents to terminate the pregnancy; that petitioner Nos.2 and 3 have also actively abetted the offence; that Abortion is against the values of the Islamic religion and a big sin under Shariat Law and equally penal in nature; that the accused persons have committed such a major sin knowingly. Basing on the said facts, the present crime is registered for the alleged offences.