Indra and Ors. vs Arun Kumar Agarwal & Ors.

Heard Sri R.N. Sharma and Sri A.N. Bhargava learned Counsel for the applicants and Opp. Party No. 1 respectively. Both the parties are agreeable that this matter may finally be disposed of at the stage of admission itself. In this case admittedly applicant Smt. Indra got her abortion carried out in a Nursing Home by a competent Medical Practitioner. In view of the fact that the Medical Termination of Pregnancy Act, 1971 permits termination of pregnancy by a registered Medical Practitioner, the pendency of a Criminal Case against the applicants in this case does not appear to be justified. It is not the case of the complainant that Smt. Indra was not willing to get her pregnancy terminated or that the other applicants compelled to get her pregnancy terminated. Accordingly the prosecution of the applicants under Section 313, Indian Penal Code would not be justified.

Accordingly this revision is allowed. At the stage of admission itself and the order passed by the IInd Judicial Magistrate, Meerut on 9.9.1991 in case No. 1335 of 1991, Arun Kumar Agrawal V. Smt. Indra and others is quashed. Revision allowed.