By the Court: 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire criminal proceeding including the FIR in connection with Argora P.S. Case No. 106 of 2024 registered for the offences punishable under Sections 269, 270, 406, 420, 304A/34 of Indian Penal Code. 3. The brief fact of the case is that the petitioner no.2 is a gynecologist and one of the directors of the petitioner no.1. The wife of the informant was admitted in the petitioner no.1 hospital. She underwent cesarean section. Postoperatively, she had a drop in urine output for which she was referred to Paras hospital, where the wife of the informant underwent dialysis. During the treatment at Paras hospital, the wife of the informant developed other organ dysfunctions including sepsis for which treatment was started as per surviving sepsis guidelines. While undergoing the treatment at Paras hospital, the patient’s family took a questioned decision, by choosing to leave the Paras hospital against medical advice and she was admitted in ICU of RIMS, Ranchi but again the family members of the deceased decided to transfer, the said wife of the informant to another center after getting her discharged against medical advice, from RIMS and the wife of the informant died on the way of being taken to Dhanbad. 4. It is submitted by the learned counsel for the petitioners that the petitioners have not committed any act or omission which constitutes any offence. It is next submitted by the learned counsel for the petitioners that there is no allegation of any cheating by the petitioners nor there is any allegation of dishonest misappropriation of any property against the petitioners hence, neither the offence punishable under Section 420 nor the offence punishable under Section 406 of Indian Penal Code is made out against the petitioners, even if the entire allegation made against them are considered to be in their entirety. It is further submitted by the learned counsel for the petitioners that the cause of death may be because of shifting the deceased while she was undergoing the treatment from two different hospitals by getting her discharged against medical advice from Paras hospital which is having super specialty facility and the Rajendra Institute of Medical Sciences, Ranchi which is one of the premier hospitals, in the State of Jharkhand having a medical college with facility for super speciality study in several branches of medical science. It is next submitted by the learned counsel for the petitioners that the medical board constituted in view of the principle of law settled by the Hon’ble Supreme Court of India in the case of Jacob Mathew vs. The State of Punjab & Anr. reported in (2005) 6 SCC 1 and which was headed by Head of Department and Professor of Obstetrics and Gynecology, RIMS, with the professors and Head of Departments of Medicine, Department of Critical Care Medicine and Department of Anesthesia as members, has categorically opined that the treatment at petitioner no.1 hospital and Paras hospital was of good quality and there was no negligence in treatment of the said wife of informant, in either of these centers. It is further submitted by the learned counsel for the petitioners that in the absence of any negligence of the petitioners and in the absence of any negligence, none of the offences punishable under Section 304A, or under Sections 269 or under section 270 of the Indian Penal Code is made out against the petitioners. Hence, it is submitted that continuation of the criminal proceeding against the petitioner no.1 which is a renowned hospital and the petitioner no.2 who is the specialized gynecologist at Ranchi having untarnished image of practice for past 25 years will amount to abuse of process of law. It is next submitted that the F.I.R. has been lodged for the purpose of the wreaking vengeance. Hence, it submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned G.A. III fairly submits that during the investigation in terms of guidelines of the Hon’ble Supreme Court of India in the case of Jacob Mathew vs. The State of Punjab & Anr. Hence, it submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned G.A. III fairly submits that during the investigation in terms of guidelines of the Hon’ble Supreme Court of India in the case of Jacob Mathew vs. The State of Punjab & Anr. (supra), the medical board was constituted and the said medical Board has categorically opined that the petitioner no.1 or Paras hospital provided good quality treatment to the deceased and there was no negligence in either of these centers in treatment of the wife of the informant. 6. Learned counsel for the informant on the other hand opposes the prayer as made in this criminal miscellaneous petition and submits that the allegation made in the FIR is sufficient to constitute all the offences for which the FIR has been registered. It is next submitted by the learned counsel for the informant by relying upon the judgment of this Court in the case of Chandan Thakur @ Chandan Kumar Thakur vs. The State of Jharkhand & Anr. in Cr.M.P. No. 226 of 2018 dated 14.07.2024; that in that case this Court relied upon the judgment of Hon’ble Supreme Court of India in the case of Monica (Dr.) & Anr. vs. State of Uttar Pradesh & Ors. reported in (2008) 8 SCC 781 wherein the Hon’ble Supreme Court of India has reiterated the settled principle of law that a legitimate prosecution cannot be stifled by the Court in exercise of the power under Section 482 Cr.P.C. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that there is absolutely no allegation against the petitioners of cheating or dishonest misappropriation of the property or money entrusted to them. In the absence of the same, this Court is of the considered view that even if the entire allegations made against the petitioners are considered to be true in their entirety still the offence punishable under Sections 420 or 406 of Indian Penal Code is not made out. 8. In view of the undisputed fact that the medical board which was constituted in terms of the judgment of Hon’ble Supreme Court of India in the case of Jacob Mathew vs. The State of Punjab & Anr. 8. In view of the undisputed fact that the medical board which was constituted in terms of the judgment of Hon’ble Supreme Court of India in the case of Jacob Mathew vs. The State of Punjab & Anr. (supra) has categorically opined that the treatment provided at petitioner no.1 and Paras hospital was good quality and there was no negligence in either of the centers; so, in the absence of any negligence on the part of the petitioners, the offences punishable under Section 304A, 269 or 270 of Indian Penal Code is not made out, against the petitioners. 9. In the absence of any material in the record to show that any offence for which the FIR was registered is made out against the petitioners certainly the prosecution cannot be termed as legitimate prosecution rather it is a prosecution for the purpose of wreaking vengeance which is not sustainable in law. Therefore, the ratio of the judgment of the Hon’ble Supreme Court of India in the case of Monica (Dr.) & Anr. vs. State of Uttar Pradesh & Ors. (Supra) is not applicable to the facts of this case. 10. In view of the discussions made above, as, even if the entire allegations made against the petitioners are considered to be true in its entirety still none of the offences for which the FIR has been registered is made out against the petitioners, hence, this Court is of the considered view that continuation of the criminal proceeding in connection with Argora P.S. Case No. 106 of 2024, against the petitioners will amount to abuse of process of law and this is a fit case where the entire criminal proceeding including the FIR in connection with Argora P.S. Case No. 106 of 2024 be quashed and set aside qua the petitioners only. 11. Accordingly, the entire criminal proceeding including the FIR in connection with Argora P.S. Case No. 106 of 2024 is quashed and set aside qua the petitioners only. 12. In the result, this criminal miscellaneous petition is allowed.