Court stays order directing police to lodge FIR on forced abortion complaint

The magistrate had directed the SHO of Delhi's Mangolpuri police station to file an FIR against the husband and his family on the complaint of an alleged forced abortion in 2017, saying the allegations made by the woman were serious in nature.

New Delhi, Oct 10 (PTI) A Delhi court has stayed an order directing police to lodge an FIR on a complaint of an alleged forced abortion filed by a woman against her husband and family, noting that no documents regarding the incident were provided by her.

Additional Sessions Judge Kiran Gupta passed the directions on a revision petition filed by the woman's mother-in-law, who approached the sessions court against an order passed by a magisterial court on October 7. (Getty images/iStock Photo)

Additional Sessions Judge Kiran Gupta passed the directions on a revision petition filed by the woman's mother-in-law, who approached the sessions court against an order passed by a magisterial court on October 7.

The magistrate had directed the SHO of Delhi's Mangolpuri police station to file an FIR against the husband and his family on the complaint of an alleged forced abortion in 2017, saying the allegations made by the woman were serious in nature.

In the revision petition moved by the mother-in-law against the October 7 order, she submitted that her daughter-in-law filed a false complaint two days after she lodged a complaint of alleged poisoning.

Advocate Amit Sahni, who represented the mother-in-law, told the court that the daughter-in-law attempted to poison his client on September 25, 2021. The counsel said her complaint was received at the police station with “great difficulty” on September 26.

He added that as a "counterblast" to the complaint, her daughter-in-law also filed a complaint on September 28, alleging forced abortion by her husband and family members in 2017, and then approached the court the next day.

Advocate Sahni called the complaint of forced abortion "motivated which was made to pressurise the mother-in-law to settle the matter."

He requested the court to stay the order of the magisterial court.

In an order dated October 9, ASJ Kiran Gupta noted that the action-taken report (ATR) filed by the police stated that no documents regarding the alleged incident were provided by the woman and or doctors concerned.

"In the conspectus of the facts, the impugned order is stayed till next date of hearing," the judge ordered.

The matter will now be heard on November 15.