Malik Sharief-Ud-Din, J.

( 1 ) THIS petition has been filed under section 482 Criminal Procedure Code. for quashing order dated 18th May 1983 passed by Shri Rajesh Kumar Metropolitan Magistrate, Shahdara, Delhi, and for quashing the complaint filed by respondent No. 1 and proceedings pending on the said complaint before Shri Sat Pal Metropolitan Magistrate, Shahdara, Delhi.

( 2 ) IT may be noticed that this Cr. Misc. (M) petition was originally moved by petitioner Dr. Asha Rawal who is working as the Medical Coordinator of M/s. Marie Stopes Society Clinic (hereinafter for short known as Society) affiliated to Population Services, a charitable institution based in U. K. with population and family welfare programmes, One of the objects of the Society is to educate and adherence to the Medical. Termination of Pregnancy 430 Act, 1971 (hereinafter known as MTP Act ). The other three petitioners, Bal Kishan Sharma, Naresh Kumar Sharma and Rajeev Kumar Sharma, father and brothers of one Smt. Tripta Sharma, were permitted to join as petitioners later on after they presented Crl. M. 1739/84 in this court. This was done by an order of this court dated 21-11-1984.

( 3 ) BRIEF facts are that on 24th March 1983 respondent No. 1 filed a complaint against the petitioners other than Dr. Asha Rawal under sections 342/ 323/506/34 1pc wherein respondent No. 1 along with one Dalip were examined as presummoning witnesses on 26-3-1933. Respondent No. 1 also obtained search warrants for recovery of Tripta Sharma, whom he claimed to be his wife, on 30-3-1983. The matter was then adjourned to 26-4-1983. However, on 6-4-1983 Tripta Sharma was produced in the court and her statement was recorded on the same day wherein she stated that respondent No. 1 was her husband and that she was wrongfully confined by her father and brothers and her abortion was got done by her father and brothers against her will at the Society. On 26th April 1983 the case was again adjourned to 16th May 1983 when another witness Dr. Amina Hussain was examined and she in her statement said that she was attending to the pregnancy of Tripta Sharma who had been brought to her by respondent No. 1 and that on her examination after her recovery she found her no more pregnant. After recording the statement of Dr. Amina Hussain the case was again adjourned to 18th, May 1983,

( 4 ) ON 18th May 1983 an application was moved by respondent No. 1 for summoning Dr. Asha Rawal who allegedly had committed offences under sections 313, 315, 316/34 IPC. It was on this application that the learned trial Magistrate ordered that Dr. Asha Rawal including the other accused should be summoned for facing the charges under sections 313, 315, 316/34 1pc. This the learned Magistrate has done without recording any evidence as to how petitioner No. 1, Dr. Asha Rawal was involved in the commission of the aforesaid offences.

( 5 ) IT will be seen that on 6-4-1983 when Tripta Sharma was examined in the court she made no allegations against Dr. Asha Rawal. All she had stated then was that her father and brothers got her pregnancy terminated at the Society against her will. The allegations made by respondent No. 1 against Dr. Asha Rawal petitioner in the application dated 18-5-1983 were not substantiated, Only an application on that date was made for seizure of the records of the Society regarding which orders were passed on 20-5-1983. It is under these circumstances that Dr. Asha Rawal has invoked the power of this court under section 482 and has appealed that since the order by which she was summoned amounts to gross abuse of the process of court, this court should intervene in the matter. This intervention is particularly sought in view of the fact that no allegation of malafide of lack of good faith was made against her.

( 6 ) MR. D. C. Mathur, learned counsel for the petitioner has urged before me that section 8 of the MTP Act provides complete protection to Dr. Asha Rawal, petitioner particularly, when no lack

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