Case Note & Summary
The applicants, including the wife (applicant no.1) and her relatives, sought quashing of FIR No. 201/2014 registered at Police Station Civil Lines, Akola for offences under Section 315 read with Section 34 of the Indian Penal Code. The FIR was lodged by the husband (non-applicant no.2) alleging that the applicants caused miscarriage of the wife. The court noted that the alleged abortion occurred on 18.02.2012, but the FIR was lodged only on 01.12.2013, and proceedings under Section 156(3) CrPC were initiated on 09.05.2014, indicating a delay of over two years. The statement of Dr. Archana Nitin Agrawal revealed that the wife was carrying a dead foetus and abortion was advised to save her life. The court observed that the wife and husband were not on good terms, and the complaint was filed in the backdrop of marital discord. The court held that continuing the prosecution would be an abuse of process of law and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR under Section 315 IPC quashed where abortion was medically necessary to save mother's life and complaint was filed after 22 months due to marital discord - Held that continuation of proceedings would be an abuse of process of law (Paras 5-6).
Issue of Consideration
Whether the FIR alleging offence under Section 315 IPC for abortion should be quashed when the abortion was medically necessary to save the mother's life and the complaint was filed after a long delay due to marital discord.
Final Decision
The court allowed the application, quashed FIR No. 201/2014 registered at Police Station Civil Lines, Akola and all consequential proceedings.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Section 315 IPC
- Medical Termination of Pregnancy
- Marital Discord
- Delay in FIR
Case Details
2015 LawText (BOM) (03) 156
Criminal Application (APL) No.590/2014
A. B. Chaudhari, P. N. Deshmukh
Mr. A. V. Band for applicants, Mr. V. A. Thakare for non applicant no.1 State, Mr. R. R. Vyas for non applicant no.2
Swati Sunil Nimbolkar and others
State of Maharashtra and Sunil Nilkanthrao Nimbalkar
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Nature of Litigation
Criminal application for quashing of FIR under Section 482 CrPC
Remedy Sought
Quashing of FIR No. 201/2014 and all consequential proceedings
Filing Reason
Applicants alleged that the FIR was false and filed due to marital discord, and the abortion was medically necessary to save the mother's life
Issues
Whether the FIR under Section 315 IPC should be quashed when the abortion was medically necessary and the complaint was filed after a long delay due to marital discord.
Submissions/Arguments
Applicants argued that the abortion was medically necessary as the foetus was dead, and the FIR was filed after a long delay due to marital discord.
Non-applicant no.2 argued that the applicants caused miscarriage and committed an offence under Section 315 IPC, and investigation should not be quashed.
Ratio Decidendi
Where the abortion was medically necessary to save the mother's life and the complaint was filed after a long delay in the backdrop of marital discord, continuing prosecution would be an abuse of process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
The statement of Dr. Archana Nitin Agrawal from Akola which clearly shows that applicant no.1 was carrying a dead foetus and, therefore, was advised to remove the same in order to save her life and accordingly abortion was done.
In the backdrop of the above facts, we are of the opinion that the continuation of the prosecution would be an abuse of process of law.
Procedural History
FIR No. 201/2014 was registered on 01.12.2013 at Police Station Civil Lines, Akola for offences under Section 315 read with Section 34 IPC. Proceedings under Section 156(3) CrPC were initiated on 09.05.2014. The applicants filed Criminal Application (APL) No.590/2014 under Section 482 CrPC for quashing of FIR.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 315, 34
- Code of Criminal Procedure, 1973 (CrPC): 482, 156(3)
