The single judge bench consisting of Justice Avneesh Jhingan heard a petition for the quashing of an FIR filed against the husband and sister in law of a deceased lady who lost her life during the process of her pregnancy being terminated. It is alleged that the family had found out the foetus was that of a female, which led them to inducing the lady to undergo an abortion, the complications of which she succumbed to.
The court opined that this was not only an offence under IPC but also PCPNDT and moreover, the offence committed in the present case is not merely in personam but it is the offence affecting the society.
The judge shed light on section 482 of the CrPC and was of the opinion that this section cannot be invoked to quash cases that put the interest of the society and public in jeopardy. The court, therefore, dismissed the plea.
