Case Note & Summary
The applicant, Dr. Sangeeta Salunke, a registered medical practitioner, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 0966/2018 registered at Police Station Frazerpura, Amravati for offence under Section 304 read with Section 34 of the Indian Penal Code, 1860. The FIR was lodged by the non-applicant no.2, Vivek Deshmukh, alleging that the death of his wife Vanshika was caused due to negligence of the applicant and Dr. Wankhede during an abortion procedure. The facts reveal that the couple approached the applicant for termination of pregnancy, and the procedure was performed on 22/06/2018. Subsequently, the patient's condition deteriorated, and she was referred to Getlife Hospital where it was found that her intestine was damaged. She was later taken to Nagpur Medical Hospital where she died on 27/06/2018. The applicant sought quashing of the FIR on the ground that the allegations did not constitute an offence under Section 304 IPC as there was no criminal intent or gross negligence. The court, after hearing the parties, held that the FIR did not disclose any criminal offence and was an abuse of process of law. The court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Medical Negligence - Section 304 IPC - Quashing of FIR - The court considered whether the death of a patient during an abortion procedure due to alleged negligence of the doctor attracts Section 304 IPC. Held that criminal negligence requires a higher degree of negligence or recklessness, and mere civil liability is insufficient. The FIR was quashed as the allegations did not disclose any criminal intent or gross negligence. (Paras 2-5) B) Criminal Procedure Code - Section 482 CrPC - Inherent Powers - Quashing of FIR - The court exercised its inherent powers under Section 482 CrPC to quash the FIR as it was an abuse of process of law and no prima facie case for criminal offence was made out. (Para 2)
Issue of Consideration
Whether the FIR alleging offence under Section 304 IPC against a medical practitioner for negligence during abortion procedure should be quashed under Section 482 CrPC when the negligence does not amount to criminal negligence.
Final Decision
The court allowed the application and quashed the FIR No. 0966/2018 registered at Police Station Frazerpura, Amravati and all proceedings arising therefrom.
Law Points
- Criminal negligence requires gross negligence or recklessness
- not mere civil liability
- Section 304 IPC not attracted without mens rea
- Quashing under Section 482 CrPC for abuse of process
