Case Note & Summary
The applicant, Dr. Sheshrao Shinde, a medical practitioner, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Crime No. 91 of 2012 registered at Police Station Nilanga, District Latur, for an offence punishable under Section 304A of the Indian Penal Code, 1860. The FIR was lodged on the complaint of respondent No. 2, Mohan Lakhane, alleging that the applicant's negligence in treating his wife led to her death. The applicant contended that there was no material to show gross negligence or mens rea on his part, and the FIR was an abuse of process of law. The State and respondent No. 2 opposed the application. The High Court, after hearing the parties, observed that to attract Section 304A IPC, there must be evidence of a rash or negligent act not amounting to culpable homicide. In the absence of any material indicating gross negligence or criminal intent, the proceedings were liable to be quashed. The court allowed the application and quashed the FIR.
Headnote
A) Criminal Law - Medical Negligence - Section 304A Indian Penal Code, 1860 - Quashing of FIR - The applicant, a medical practitioner, sought quashing of FIR registered under Section 304A IPC alleging negligence causing death of patient - Court held that in the absence of evidence of gross negligence or mens rea, criminal proceedings cannot be sustained - Held that mere allegation of negligence without material to show rash or negligent act is not sufficient to attract Section 304A IPC (Paras 1-3).
Issue of Consideration
Whether the FIR registered under Section 304A of the Indian Penal Code against a medical practitioner for alleged negligence leading to death can be quashed in the absence of evidence of gross negligence or mens rea.
Final Decision
Application allowed. FIR quashed.
Law Points
- Criminal negligence
- Section 304A IPC
- Quashing of FIR
- Medical negligence
- Lack of mens rea
- Absence of gross negligence
