Delhi HC Quashes Criminal Case Registered Against Doctor Accused Of Causing Death Of 16-Year-Old By Negligence
The Delhi High Court has quashed the criminal case registered against a doctor for allegedly causing death of a 16-year-old by negligence.
The bench of Justice Jasmeet Singh observed that the accused-doctor and the father of the minor child had arrived at a settlement.
"…since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice.", the Court noted.
The Court further observed that "The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further."
In this case, the daughter of the complainant, aged about 16 years had died on. It is stated in the FIR that the death occurred on account of medical negligence at the hands of the petitioner who was her treating doctor.
The counsel for the petitioner stated that it was a case of wrong diagnosis and not of negligence at the hands of the petitioner.
Subsequently, it is stated that the petitioner has arrived at a settlement with the father of the minor child vide compromise deed/MoU pursuant to which the petitioner had to pay a sum of Rs. 6 lakhs.
The petitioner voluntarily increased the said amount by a further sum of Rs. 2,50,000/- and the entire amount of Rs. 8,50,000/- has been paid to father of the minor child.
Advocate Vikas Nagwan appeared for the petitioner whereas ASC Sachin Mittal appeared for the State.
The Court noted that the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, pressure, undue influence or coercion.
Thus the Court quashed the criminal proceedings as the father of the minor child has decided to put a quietus to the matter.
"For the above stated reasons, FIR No. 365/2016 dated 11.08.2016, under Section 304-A IPC, registered at Police Station – Mianwali Nagar and proceedings emanating therefrom is hereby quashed.", the Court held.
Cause Title- Jyoti Thapar v. State of NCT of Delhi & Anr.
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