Allahabad High Court
Dr. Anmol Raj Gupta @ Dr. Anmol Gupta And ... vs State Of U.P. And Another on 23 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:146264
Neutral Citation No. - 2025:AHC:146264
Court No. - 75
Case :- APPLICATION U/S 482 No. - 6445 of 2022
Applicant :- Dr. Anmol Raj Gupta @ Dr. Anmol Gupta And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anil Kumar,Mohit Singh
Counsel for Opposite Party :- Abhinab Mishra,Awadhesh Kumar Pandey
Hon'ble Vikas Budhwar,J.
1. Heard Shri Mohit Singh, learned counsel for the applicants and Sri J.B. Singh, learned AGA for the State and Shri Awadhesh Kumar Pandey, counsel for the opposite party no. 2.
2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Case No. 17565/2020 (State Vs. Dr. Anmol Gupta & others) pending before the Chief Judicial Magistrate, Budaun arising out of Case Crime No. 186/2019, under Section 304-A I.P.C., Police Station Civil Lines, Budaun and also to quash the impugned charge sheet dated 02.11.2019 submitted in the aforesaid case and the impugned order dated 16.12.2020, whereby the cognizance was taken by the learned Chief Judicial Magistrate, Budaun.
3. This Court on 29.04.2022 proceeded to pass the following orders:
"Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been preferred by the applicants to quash/set aside the entire proceeding of Case No. 17565/2020 (State Vs. Dr. Anmol Gupta & others) pending before the Chief Judicial Magistrate, Budaun arising out of Case Crime No. 186/2019, under Section 304-A I.P.C., Police Station Civil Lines, Budaun and also to quash the impugned charge sheet dated 02.11.2019 submitted in the aforesaid case and the impugned order dated 16.12.2020, whereby the cognizance was taken by the learned Chief Judicial Magistrate, Budaun.
It is submitted by learned counsel for the applicants that as per the First Information Report, the allegation is that the wife of the informant was subjected to medical treatment by the applicants and she was operated for laparoscopic cholecystectomy and the gallbladder was removed. It is submitted that during operation complications were created and as such the patient in spite of best efforts could not be brought to normal and as such was referred to Ganga Charan Hospital, Bareilly for better treatment but she died and subsequently the husband of the deceased has lodged the First Information Report. The submission of learned counsel for the applicants is that there is no allegation that the applicants have treated the patient on the basis of any treatment which was not normally advisable and the medical opinion in respect of the allegation was sought from State Medico Legal Cell where it was stated that the cause of death is skill error phenomenon in operation. The submission of learned counsel for the applicants is that there can be error in judgment but every error in judgment would not amount to an offence. He has relied upon the judgment of the Supreme Court in Jacob Mathew Vs. State of Punjab and another, (2005) 6 SCC 1 in order to demonstrate that the negligence on the part of the doctor or professionals may amount to an offence if the act of a doctor is not a bona fide act. He has stated that there is no allegation in the FIR or during investigation there was any act which may constitute an offence and the applicants have acted bonafidely.
Matter requires consideration.
Issue notice to opposite party no. 2 returnable at an early date.
Learned counsel for the opposite parties are directed to file counter affidavit within a period of three weeks.
List in the first week of July, 2022.
Till the next date of listing, no coercive measures shall be taken against the applicants in the aforesaid case."
4. There is a short counter affidavit filed and sworn by the opposite party no. 2 dated 06.04.2025, wherein it has been asserted in para-3 of the affidavit that a compromise has been entered into between the parties on 06.12.2024 and an affidavit dated 07.12.2024 along with an application dated 13.12.2024, a copy whereof is annexed at annexure-SA1 which starts from page 6 onwords.
5. Learned counsel for the applicants submits that a direction be issued to the court below to verify the said compromise, particularly, when even otherwise no offences are made out in view of the judgement of the Hon'ble Apex Court in Jacob Mathew v. State of Punjab and another; (2005) 6 SCC 1 as well as also the fact that the parties have entered into compromise and said fact stands supported by supplementary counter affidavit filed by the complainant/ first informant.
6. Learned AGA as well as counsel for the opposite party no. 2 on the other hand submits that they have no objection to the same.
7. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants (parties) to approach the court below while filing the self-attested copy of the present application and certified copy of the supplementary affidavit dated 06.04.2025 by 12.09.2025.
8. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.
9. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 17565/2020 (State Vs. Dr. Anmol Gupta & others) pending before the Chief Judicial Magistrate, Budaun arising out of Case Crime No. 186/2019, under Section 304-A I.P.C., Police Station Civil Lines, Budaun and also to quash the impugned charge sheet dated 02.11.2019 submitted in the aforesaid case and the impugned order dated 16.12.2020, whereby the cognizance was taken by the learned Chief Judicial Magistrate, Budaun.
10. In the event of default of any of the conditions by the applicants as referred to above, the protection shall stand vacated without reference to the Bench.
11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.
Order Date :- 23.8.2025
A. Prajapati
