ORAL ORDER

1. Rule . Learned Additional Public Prosecutor – Mr. Rohan N. Shah waives service of Rule on behalf of the respondent-State.

2. By way of this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the applicant has prayed for quashing and setting aside the FIR No. 162 of 2019 dated 5.10.2019 registered with City B Division Police Station, District, Jamnagar for the offence under Section 304 of Indian Penal Code, 1860.

3. Heard learned advocate Ms. Megha Jani, along with learned advocate Mr. Arjun M. Joshi for the applicant and learned APP Mr. Rohan Shah for the respondent-State. Learned advocate Mr. Nabil O. Bloch, representing respondent No. 2, was absent,

4. Brief facts of the case are as under:-

4.1. Complainant-Respondent No.2 being the husband of deceased-Komalben lodged FIR against the petitioner. The wife of complainant - Komalben was admitted in the hospital of the applicant on 12.9.2019. A son was born at 12:38 pm on the same day. Some complications developed in the medical condition of Komalben. Thereafter, Komalben was shifted to G.G.Hospital, Jamnagar. She underwent surgery for removal of uterus and later on