Court upholds magistrates order summoning woman for causing miscarriage
PTI
New Delhi, Aug 14 (PTI) A Delhi court has set aside the order summoning a woman and her family members for several offences, including cheating and extortion, in a complaint filed by her husband.
The court, however, upheld the magistrate's order against her for the offence under Section 312 (causing miscarriage) of IPC.
Additional sessions judge Ankur Jain was hearing a revision petition filed by the wife, her brother and father against the April 2024 order of a magisterial court summoning them for the offences of criminal conspiracy, criminal intimidation, criminal breach of trust, cheating, extortion, causing miscarriage, and common intention.
In an order dated August 13, the court noted the dispute stemmed from a marital discord and that at the stage of summoning, the court was required to see whether there were prima facie allegations.
'The entire averments of the complaint and the testimony of the witness do not show any inducement or fear of injury," the court said.
Except for the offence of causing miscarriage by the woman, the court noted, no offence appeared to be made against the three accused persons.
'The order of the metropolitan magistrate to that extent is per se illegal and liable to be set aside," it held.
The court said the complainant husband filed documents to show that her wife had herself got admitted to a hospital and terminated her pregnancy.
Noting the evidence before it, the court said the woman left her matrimonial house on October 7, 2022, and sent a message to her husband that she was living with her brother.
A couple of days later, however, she got admitted in a private hospital, where she terminated her pregnancy.
'Thus, in so far as the summoning of accused number 1 (wife) is concerned, there is no illegality," the court added. PTI MNR MNR AMK AMK
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