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2023 Supreme(Del) 1023

SWARANA KANTA SHARMA
Zakir Hussain – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Rajesh Manchanda, Advocate, for the Petitioner.
Mr. Manoj Pant, APP for the State with SI Sunny, P.S. Roop Nagar, Delhi.
Mr. Jivesh Tiwari and Ms.Samiksha, Advocates for R-2.

JUDGMENT

Swarana Kanta Sharma, J.

1. The petitioners herein have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.) for quashing of FIR bearing No. 198/2002 registered at Police Station Roop Nagar, Delhi, for offences punishable under Sections 304A/34 of the Indian Penal Code, 1860 ('IPC.).

2. The brief facts of the case are that on 17.07.2002 a complaint was filed by the complainant/Respondent No.2, i.e., Krishan Tyagi wherein it had been stated that his wife/victim (deceased), was suffering from stomach pain since last five days and had been taken to a private hospital at Kingsway Camp, Delhi, where the concerned doctors administered two injections to the victim but she did not get any relief from pain. Thereafter, the victim was taken to Hindu Rao Hospital, Delhi, where she had been administered with some injections which had relieved her pain. However, one of the doctors suspected that the victim may be suffering due to stones and suggested that an ultra-sound should be conducted. Ultrasound report of the victim had been submitted to Petitioner No.3 who informed the complainant that his wife/victim had stones in her gallbladder and

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