IPC 304A: HC quashes criminal negligence proceedings against Delhi doctor, takes note of Rs 8.5 lakh payment to patient as compromise

New Delhi: The Delhi High Court recently quashed criminal proceedings against a doctor in case of allegedly causing the death of minor patient by negligence and the petitioner doctor was guilty of "error of judgment and not of negligence" and has paid Rs 8.5 lakh to the father of the deceased pursuant to a compromise between them.

The Delhi High Court has closed criminal proceedings against a doctor in a case of allegedly causing the death of her minor patient by negligence, saying there was no fruitful purpose left in permitting further prosecution in the matter when the parties have arrived at a settlement. 

Justice Jasmeet Singh, while quashing the FIR on a petition by the doctor, noted that according to the observation of the Disciplinary Committee of the Delhi Medical Council, the petitioner was guilty of "error of judgment and not of negligence" and has paid Rs 8.5 lakh to the father of the deceased pursuant to a compromise between them.

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"The court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings," said the court in a recent order.

"FIR No. 365/2016 dated 11.08.2016, under Section 304-A (causing death by negligence) IPC, registered at Police Station – Mianwali Nagar and proceedings emanating there from is hereby quashed," ordered the court.

The judge said the father of the deceased has decided to put a quietus to the matter and quashing the proceedings on account of the compromise would bring about peace and would secure ends of justice.

According to the FIR which was registered on a complaint by the deceased's father, she was about 16 years when she passed away in April 2014 and the death allegedly occurred on account of medical negligence at the hands of the petitioner who was her treating doctor.

The court recorded that the Delhi Medical Council had observed in its order that the petitioner made an error in judgment for not prescribing basic investigation like chest x-ray etc when the patient reported to her and that the patient herself was also not diligent in the follow up and as a punishment, the doctor was directed to undergo 10 hours of continuing medical education on the subject of tuberculosis and chest diseases within a period of six months.

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