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Criminal case can’t be quashed only on ground of compromise, rules Bombay high court
The court thus refused to drop criminal proceedings against a gynaecologist from Nagpur for causing the death of a woman soon after delivering twins through caesarean section
Observing that a criminal case cannot be quashed only on the ground of compromise between the parties, Nagpur bench of the Bombay high court last week refused to drop criminal proceeding against a gynaecologist from Nagpur for causing death of a woman soon after she had delivered twins through caesarean section.
The division bench of justice VM Deshpande and justice Anil Kilor said the high court has very wide powers under Section 482 of the Code of Criminal Procedure, but they can be exercised only when there is gross abuse of process of law.
However, the bench said, the court will not allow a joint plea from the parties merely because they pray for dropping the criminal case on the ground that they have reached a compromise.
“Such parties must demonstrate that continuance of the proceedings is sheer abuse of process of law and it would be wasteful of the public time and money,” the bench said while rejecting joint petition filed by the gynaecologist Dr. Sangeeta Daf and complainant, Mahesh Jumade, who lost his wife, Swati, due to the former’s alleged negligence.
On September 26, 2013, Jumade had approached Sakkardara police alleging that he lost his wife due to Dr Daf’s gross negligence. He said his pregnant wife had registered for delivery with Mother Care Hospital, run by Dr. Daf.
On September 21, 2013, he said, his wife had gone for a regular check up at the hospital, when she was informed that an urgent ceasarean section will have to be performed and accordingly, she was operated upon the next morning and delivered twin daughters. The family was informed that the mother and children were fine.
However, the family realised the woman was bleeding profusely. She was taken to another hospital, where she died the same day. The police then sought an opinion from the medical board of the Government Medical College at Nagpur. An offence for causing death by negligence was registered after the board gave its report, concluding that the wife of the complainant died due to “lack of reasonable care and monitoring” at Mother Care Hospital.
The court noted that the report, at least prima facie, made it clear that Dr. Daf had failed to take reasonable care and monitor the condition of the woman after delivery.
In this backdrop, HC refused to accept the joint claim of the doctor and the complainant that Swati’s death was “part of destiny,” something beyond human control. “In this case, we will not allow ourselves to accede to the prayer made, especially when there is a report by three expert doctors who unequivocally recorded a finding that there was no reasonable care and monitoring at the hands of the applicant No.1 (Dr. Daf) and that she was negligent,” it said.
