Offences Under Pre-Conception & Pre-Natal Diagnostic Techniques Act Affect Society, Settlement Between Parties Not Acceptable: Gujarat High Court

The application was filed before the High Court under section Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR related to the offences punishable under Sections 304, 313, 314, 120(B), 114 of the Indian Penal Code and under Sections 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 as well as the Criminal Case pending beforeAdditional Chief Metropolitan Magistrate, Ahmedabad.

It was submitted by the counsel for applicant-complainant, Mr. Punam G. Gadhvi that mother of the deceased victim i.e. the complainant does not wish to proceed with the complaint as there is no grievance against the accused persons and that she submitted an affidavit in this regard without any influence and pressure.

The APP for the State, Mr. Hardik Mehta objected the settlement application on the ground that such kind of attitude of the victims have encouraged the doctors and others as well as the in-laws of the victim women to conduct such prenatal diagnostic test for the determination of the sex of the foetus.

After going through the facts of the case, the court stated that it is unfortunate to note that the complainant is the mother of the deceased and has filed a settlement affidavit and has also given her consent for withdrawal of the complaint.

The court relied upon State of Madhya Pradesh v. Laxmi Narayan and Others (2019) 5 SCC 688 in which the Supreme Court has stated that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code is not be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society.

In this context, Justice Gita Gopi observed:

“The offence involved in the present case are serious in nature and the Society at large is affected by such offences under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 and settlement in such kind of offences cannot be accepted.”

Case Title: Hitesh Ishwarbhai Misareeya & 1 Other v. State of Gujarat & 1 other

Case Citation: 2023 Livelaw (Guj) 27

Coram: Justice Gita Gopi

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