( 1 ) THIS petition under Section 482 Cr. P. C. has been filed by Dr. Smt. Prabha Malhotra. Dr. Narendra Malhotra, Dr. Rajendra Malhotra and Dr. Smt. Jaijit Malhotra for quashing the proceedings of case Crime No. 39 of 1990 under Section 269 IPC pending in the Court of Judicial Magistrate (City), Agra.

( 2 ) THE petition was admitted on 29-8-91 and further proceedings in the trial Court were stayed. On the same day, State was given four weeks time to file counter affidavit. However till today neither any counter affidavit has been filed nor anyone has put in appearance on behalf of the complainant P. K. Anand. The Court has, therefore, to proceed on the footing that the averments made in the affidavit are correct.

( 3 ) P. K. Anand lodged a F. I. R. on 27-1-90 at P. S. Nai Ki Mandi alleging that his wife Smt. Neelam aged about 38 years had four issues. When she became pregnant again she got herself examined in Malhotra Nursing and Maternity Home (hereinafter referred to as the Nursing Home) On 30-9-89 by the applicant No. 1 Dr. Smt. Prabha Malhotra who said that everything was normal but she should take prescribed some medicines which were taken by her. Thereafter s