Section 482, CrPC cannot be invoked to quash cases involving female foeticide: Punjab and Haryana High Court

For the second time in a week, the Punjab and Haryana High Court has taken note of the continuing prevalence of the crime of female foeticide despite laws prohibiting prenatal sex determination..Desire to have a male child an open secret, sex determination of foetus a malaise affecting society: Punjab and Haryana High Court.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 observed,.".... 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.".Justice Jhingan had made allied observations in another judgment passed recently, where he highlighted that despite the enactment of the Pre-Conception and Pre-Natal Diagnostic Techniques Act,"it is a well-known fact that still the practice of aborting the foetus after determination of its sex is continuing.".In the present case, the husband and sister-in-law of a deceased woman were accused. The man was accused of having induced his wife to terminate her pregnancy after finding out their foetus was female. The woman died of complications during the abortion procedure..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..Refusing to quash proceedings, Justice Jhingan stated:"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"..Pertinently, the Judge also emphasised that the inherent powers of a Court to do complete justice under Section 482 of the Code of Criminal Procedure cannot be invoked to quash cases involving overriding public interests or which have a serious impact of society. The Court said, ."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.".Recording a finding that the deceased woman's consent appeared to have not been properly obtained for the abortion, Justice Jhingan opined that the petitioners may have violated the Medical Termination of Pregnancy Act as well..In view of these observations, the plea to quash the case was dismissed..Read the Order: