Punjab & Haryana High Court Refused to Quash FIR for Illegal Medical Termination of Pregnancy.

In deciding the petition filed under section 482 Cr.P.C., praying for quashing of FIR No.41 dated 10.02.2021, registered at Police Station Narwana City, District Jind, under Section 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971. It was alleged that the petitioner conducted an illegal termination of a pregnancy. The raiding team, including medical professionals, found evidence supporting these allegations during an inspection at the hospital. The petitioner, who holds a B.A.M.S. degree and has extensive experience in conducting normal deliveries, asserts that she has been falsely accused.

Health authorities received information about illegal abortions by Dr. Shoba of Shubham Hospital, prompting a raiding team to contact a pregnant woman. She stated that although she expressed a desire to keep the foetus, Dr. Shobha insisted on abortion, administering injections and tablets and charging ₹1,600. The woman agreed to cooperate with the raiding team, visiting the hospital where Dr. Shobha began the abortion procedure. The raiding team intervened, collecting evidence, arresting Dr. Shobha, and sealing the hospital. The pregnant woman was admitted to the civil hospital for the termination.

It was content by the learned counsel for petitioner that “The contention of learned counsel for the petitioner that the misoprostol is used at the time of delivery and so no inference against the petitioner can be drawn, has no merit because no doubt, misoprostol is also used for inducing labour pain at the time of delivery”, Dr. Shobha faced an FIR under the MTP Act, claiming innocence, citing her extensive experience in normal deliveries. She argued that no termination occurred during the raid, but the Court rejected this, noting that medication for abortion had been administered. Dr. Shobha also defended the use of misoprostol during delivery, asserting that no adverse inference should be drawn.

but the court observed that “…in the present case, there can be no question of using of misoprostol to Ruman for the purpose of inducing labour pain as she was having fetus of only 07 weeks at the relevant time. So prima facie the only inference that can be drawn is that misoprostol injection was given to end the pregnancy. Thus, process to terminate the pregnancy of the pregnant woman Ruman had already started, within the meaning of Section 2 (e) of the MTP Act.”

The Court stated that even in cases where the abortion process is not carried out, the Medical Termination of Pregnancy Act (MTP Act) may be enforced. The Court clarified that abortion procedures can vary, involving either medication or surgery, each with its distinct steps and considerations. The Court does not believe that the FIR or any related proceedings should be quashed in the current instance.

Case: Dr. Shobha v. State of Haryana CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Punjab & Haryana High Court February 26, 2024.