Ahmedabad : The Gujarat High Court has held that settlement between parties in cases where an offence is committed under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 cannot be accepted. The application was filed before the High Court under section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR related to the offences punishable 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 Additional Chief Metropolitan Magistrate, Ahmedabad.
It was submitted by the counsel for applicant-complainant, Mr. Punam G. Gadhvi that mother of the deceased victim i.e. the complainant does not wish to proceed with the complaint as there is no grievance against the accused persons and that she submitted an affidavit in this regard without any influence and pressure. The APP for the State, Mr. Hardik Mehta objected the settlement application on the ground that such kind of attitude of the victims have encouraged the doctors and others as well as the in-laws of the victim women to conduct such prenatal diagnostic test for the determination of the sex of the foetus.
After going through the facts of the case, the court stated that 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. In this context, Justice Gita Gopi observed: “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.”
Gujarat High Court : In offences under Pre-Conception & Pre-Natal Diagnostic Techniques Act settlement between parties not acceptable
