Assault upon medical professionals in hospitals endangers doctors' lives, jeopardises patient care: Delhi HC

New Delhi: While considering a criminal case against a patient's attendant who had allegedly assaulted a doctor, the Delhi High Court bench took note of the compromise entered into between the parties and held that such an act of assault upon a medical professional, apart from endangering the lives of doctors and staff, also jeopardises the treatment of other patients needing urgent care.

"...this Court cannot lose sight of the fact that an act of assault upon a medical professional in a hospital not only endangers the life of doctors and staff, but also jeopardises the treatment of other patients in need of urgent care," observed the High Court bench.

Even though the court quashed the criminal case against the accused (the patient's attendant in question), it asked him to perform community service for a month.

"Considering the settlement, and the fact that no grievous injury was caused, this Court is of the view that no useful purpose would be served by continuation of the criminal proceedings...Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No. 280/2019 registered at Police Station Anand Vihar, for the offences punishable under Section 506 of the IPC and Section 4 of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage of Property) Act, and consequent proceedings emanating therefrom, are quashed qua the present petitioner, subject to the petitioner performing community service starting from 27.09.2025," ordered the Delhi HC bench Justice Ajay Digpaul.

As per the case details, back in 2019, the petitioner, a patient's attendant, allegedly created a ruckus in the hospital, physically assaulted the doctor on duty, and called others who further abused the staff and disrupted hospital work, resulting in registration of the FIR. Accordingly, the petitioner was booked for the offences punishable under Section 506 of the Indian Penal Code, 1860 and Section 4 of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage of Property) Act. Filing the plea, he prayed for the quashing of the FIR registered at Police Station Ananad Vijar.

The petitioner's counsel submitted that the petitioner and the doctor on duty have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. The settlement deed dated 08.01.2025 was submitted on record. It reflected that the doctor agreed to withdraw the case registered at Police Station Anand Vihar against the petitioner (accused).

On a query made by this Court, the doctor categorically stated that he entered into a compromise on his own free will and without any pressure and expressed his desire to forgive and not to pursue the matter further. He also stated that the entire dispute has been amicably settled between the parties.

Taking this into account, the Court agreed to quash the proceedings against the petitioner with the following directions:

i. Petitioner to perform community service for a period of one month, on every Saturday and Sunday, at Dr. Sushma Jindal Hospital, 488-15, Dilshad Garden, Near Radha Krishan Mandir, Dilshad Garden, New Delhi-110092, under the supervision

ii. Upon completion of the said period, a certificate confirming the completion of community service shall be issued by the Medical Superintendent of the concerned Hospital and the same shall be filed with the Registry.

iii. In the event of any absenteeism, default, or misconduct on the part of the petitioners during the course of the community service, the same be immediately reported by the Medical Superintendent to the concerned SHO, who shall, in turn, inform the APP for placing the matter before this Court and seeking appropriate orders, including revival of the FIR.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-violence-against-doctors-302990.pdf

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