Assault On Medical Professional In Hospital Endangers Doctors' Lives, Jeopardises Patients’ Treatment: Delhi High Court Asks Accused To Perform Community Service
The petition before the Delhi High Court was filed under Section 528 of the BNSS by the petitioner, praying for the quashing of an FIR registered against him.
Delhi High Court, Justice Ajay Digpaul
The Delhi High Court has quashed a criminal case against a patient’s attendant who had allegedly assaulted a doctor and has also asked him to perform community service for a month. The High Court took note of the compromise entered into between the parties and held that such an act of assault endangers the lives of doctors while also jeopardising the treatment of the patients.
The petition before the High Court was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner, praying for the quashing of an FIR registered under Section 506 of the Indian Penal Code, 1860 and Section 4 of the Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage of Property) Act.
The Single Bench of Justice Ajay Digpaul held, “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. At the same time, 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.”
Advocate Vijay Singh Kardam represented the Petitioner, while Additional Public Prosecutor Meenakshi Dahiya represented the Respondent.
Factual Background
The case dates back to the year 2019, when the petitioner, being the attendant of a patient, 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 present FIR. It was brought to the Court’s notice that the petitioner and the respondent doctor had settled their disputes amicably and were now moving forward towards a peaceful and harmonious future. As per the Settlement deed, the second respondent had agreed to withdraw the case arising out of the FIR registered against the petitioner.
Reasoning
The Bench took note of the fact that the respondent Doctor had categorically stated that he had entered into a compromise on his own free will and without any pressure. He had expressed his desire to forgive and not to pursue the matter further. It was also stated by him that the entire dispute has been amicably settled between the parties.
Referring to the judgment in Gian Singh vs. State of Punjab (2012), the Bench quashed the proceedings against the petitioner, subject to his performing community service for a period of one month under the supervision of the respondent doctor.
“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”, it ordered.
Cause Title: Vipin Ahuja v. State Nct of Delhi (Case No.: CRL.M.C. 6879/2025)
Appearance
Petitioner: Advocate Vijay Singh Kardam
Respondent:Additional Public Prosecutor Meenakshi Dahiya, SI Pankaj Kasana