Settlement between parties not accepted for offences under PCPNDT Act: Gujarat HC

Ahmedabad: In a recent judgment, the Gujarat High Court bench noted that the offences under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 are serious in nature and they affect the Society.

Referring to this, the High Court bench comprising Justice Gita Gopi held that settlement of such kind of offences under the PCPNDT Act cannot be accepted.

These observations were made by the High Court bench while considering an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR regarding the offences under Sections 304, 313, 314, 120(B), 114 of the Indian Penal Code and under Sections 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 as well as the Criminal Case pending before the learned Additional Chief Metropolitan Magistrate, Ahmedabad.

The FIRs had been filed in connection with pre-natal sex determination. Allegedly, the husband of the complainant's daughter was forcing her for getting the fetus examined. Even though the doctor at the first hospital had refused for the same, the sex determination test was conducted at another hospital. 

It was alleged that forcible abortion was performed after diagnosing the sex of the fetus and the deceased was compelled to undergo abortion, which led to her death.

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Seeking to quash the FIRs and the criminal proceedings, the accused no 2 and 3 approached the High Court and their counsel referred to an affidavit filed by the complainant, who is the mother of the deceased. Referring to the affidavit, the counsel argued that the complainant does not wish to proceed with complaint as there is no grievance against the accused, who were named in the charge-sheet.

On the other hand, the Additional public prosecutor objected to the settlement and argued that such kinds of attitude of the victims have encouraged the Doctors and others as well as the in-laws of the victims women to conduct such prenatal diagnostic test for the determination of the sex of the fetus.

The AAP further contended that because of such approach of the Doctors, the sex ratio between males and females has led to insecurity and created an imbalance where now the Society is facing problems of scarcity of girls.

After perusing the details of the case, the HC bench noted, "... it is unfortunate to note that the complainant is the mother of the deceased and has filed a Settlement Affidavit and has also given her consent for withdrawal of the complaint."

At this outset, the HC bench referred to the Supreme Court order in the case of State of Madhya Pradesh v. Laxmi Narayan and Others, where the top court bench had noted, "...while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.”

Therefore, the HC bench dismissed the plea and noted that the offences under PCPNDT Act are serious in nature and it affects the Society at large.

"The offence involved in the present case are serious in nature and the Society at large is affected by such offences under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 and settlement in such kind of offences cannot be accepted. Hence, prima-facie considering the nature of allegations qua the applicant, this Court does not find any reason to entertain the present application and therefore, the same stands rejected," the bench observed in the order.

To read the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/gujarat-hc-order-pcpndt-200335.pdf

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