Punjab & Haryana HC dismiss invocation of Section 482 of CrPC in female foeticide casesPunjab & Haryana HC dismiss invocation of Section 482 of CrPC in female foeticide cases

Facts
In a petition made to quash an FIR filed in a case involving allegations of forced abortion and female foeticide, a Single Bench of Justice Avneesh Jhingan heard the case.

In the present case, the husband and sister-in-law of a deceased woman were accused.

Stating that there was a settlement reached between the petitioners and the deceased woman’s family, the High Court had been approached to quash proceedings against them.

Observation of the Court
Refusing to quash proceedings, Justice Jhingan observed

1.The menace of female foeticide has prevailed in the society since long. In spite of the fact that to curb the pre-diagnostic sex determination, the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (‘PCPNDT Act’) was enacted but it is a well-known fact that still the practice of aborting the foetus after determination of its sex is continuing. The offences allegedly committed in the present case is not merely in personam but it is the offence affecting the society.

  1. The female foeticide and sex-selective abortions are not merely offences in personam but offences affecting the society.

3.If the allegations are found to be correct, the women of future was deprived of the lease of life to enable her to see the day light. The matter needs deeper probe. It may be a case not only of the IPC but also where the provisions of other Act may be involved.

Held
Considering the gravity of offences and nature of allegations of aborting the female child and consequential loss to life of the expecting mother does not call for interference under Section 482 of the Cr.P.C. for quashing of FIR. Power under Section 482 of Cr.P.C. is not to be invoked to work as a deterrent for people involved in female foeticide.”

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