Sajeeda Begum v. The State Of Telangana
[ 32sl I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER Between:
Sajeeda Begurn, W/o. Sayeed Ahmed, ...PETITIONER/ACCUSED NO.2/ RESPONDENT NO.l IN IA NO.3 OF 2023 AND
1. The state of relangana, Rep. by its Public Prosecutor, High court for the State of Telangana at Hyderabad.
2. Mohammed Wajeed Ali, S/o. Mohammed Masood Ali, ...RESPONDE NTS/DE FACTO COM PLAINANT/ PETITIONER IN IA NO.3 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in P.R.C. No. 31 of 2017 on the file of the Court of the vl Additional chief Metropolitan Magistrate, Nampaily, Hyderabad. l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of atl further proceedings in P.R.C. No. 31 of 2017 on the file of the Court of the Vl Additional Chief Metropolitan Magistrate, Nampalty, Hyderabad pending disposal of the Criminat Petition Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to permit the petitioner to enter into compromise with the 2nd respondent in view of Memorandum of Understanding dated 18-01-2023
l.A. NO: 3 OF 2023 PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition,the High court may be pleased to compound the offence by recording the compromise in view of Memorandum of Understanding dated 18-01-2023 This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri K'NARSIMHA REDDY, Advocate for the petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No'1 and of Sri Cheruku Ashokvardhan, Advocate for the Respondent No'2' The Court made the following: ORDER
Crl.Petition No.682 ol 2023 t THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.682 OF 2023 ORDER:
This criminal Petition is filed under section 482 0f the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) by the petitioner-Accused No.2 to quash the proceedings in p.R.C.No.31 of 20!7, pending on the file of the court of the vI Additional chief Metropolitan Magistrate, Nampally, Hyderabad. The Offences punishable under Sections 313, 498-A of Indian Penat Code (for short *IPC") and Section 5 of the Medical Termination of Pregnancy Act, L97L.
2. Heard learned counsel for the petitioner-Accused No.2 and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3.
According to the Charge sheet, the 2nd respondent was taken to the hospital and vide I.P.No.873 of 2013 requested to terminate the pregnancy of the 2nd respondent and upon the request, pregnancy was terminated by consultant Doctor (A-3)
- Crl.Petition No.582 ot 2023 and she was discharged on 12.02.20L4. The complaint was filed on 20.02.2014.
4. On the basis of request made on the termination of the pregnancy of the 2nd respondent, consultant Doctor (A-3) terminated the pregnancy. Even, according to the charge sheet, it is stated that the 2nd respondent was asked in the hospital about termination of pregnancy and thereafter the procedure for termination was done by the Doctor (A-3) of I.P.No.873 of 2013 To attract an offence under Section 313 of I.P.C, a person has to cause miscarriage voluntarily without consent of the woman. Sincg the termination of pregnancy was done by the doctor in a hospital after the patient being admitted, no offence is made out against this petitioner under Section 313 of I.P.C
5. Accordingly, the Criminal Petition is allowed and the charge under Section 313 of I.P.C against accused No.2 petitioner is quashed. This Court shall proceed in respect of other offences.
Crl.Petition No.682 ot 202?
Miscellaneous applications pending, if any, shall stand closed.
Sd/-P.NAGABHUSHAMEA ASSISTANT REGISTRAR I //TRUE COPYII To t/ sEcIoN OFfrCen
1. The Vl Additional cligf Metropolitan Magistrate, Hyderabad.
2. The Station House Officer, Humayun Nagar Policsstation, Humayun Nagar, Hyderabad.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
4. One CC to Sri K.Narasimha Reddy, Advocate tOpUCI
5. One CC to Sri Cheruku Ashokavaidhan, Advoiate tOirUCl
6. Two CD Copies *'.\--
HIGH COURT DATED:21 10212023 _ r'Cl/ - rtl: u'n"
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ORDER
CRLP.No.682 of 2023 ALLOWING THE CRL.P.
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