Observing that a criminal case cannot be quashed only on the ground of compromise between the parties, Nagpur bench of the High Court of Bombay last week refused to drop criminal proceeding against a gynaecologist from Nagpur for causing death of a woman soon after she had delivered twins through caesarean section.
The division bench of Justices VM Deshpande & Anil Kilor said the HC has very wide powers under Section 482 of the Code of Criminal Procedure, but they can be exercised only when there is gross abuse of process of law.
However, the Bench said, the Court won't allow a joint plea from the parties merely because they pray for dropping the criminal case on the ground that they have reached a compromise.
“Such parties must demonstrate that continuance of the proceedings is sheer abuse of process of law & it would be wasteful of the public time & money,” the bench said while rejecting the joint plea filed by the gynaecologist Dr. Sangeeta Daf & complainant, Mahesh Jumade, who lost his wife, Swati, due to the former’s alleged negligence.
On Sept 26, 2013, Jumade had approached Sakkardara police alleging that he lost his wife due to Dr Daf’s gross negligence. He said his pregnant wife had registered for delivery with Mother Care Hospital, run by Dr. Daf.
On Sept 21, 2013, he said, his wife had gone for a regular check up at the hospital, when she was informed that an urgent ceasarean section will have to be performed & accordingly, she was operated upon the next morning & delivered twin daughters. The family was informed that the mother & children were fine.
However, the family realised the woman was bleeding profusely. She was taken to another hospital, where she died the same day. The police then sought an opinion from the medical board of the Government Medical College at Nagpur. An offence for causing death by negligence was registered after the board gave its report, concluding that the wife of the complainant died due to “lack of reasonable care & monitoring” at Mother Care Hospital.
The Court noted that the report, at least prima facie, made it clear that Dr. Daf had failed to take reasonable care & monitor the condition of the woman after delivery.
In this backdrop, High Court refused to accept the joint claim of the doctor & the complainant that Swati’s death was “part of destiny,” something beyond human control. “In this case, we will not allow ourselves to accede to the prayer made, especially when there is a report by three expert doctors who unequivocally recorded a finding that there was no reasonable care & monitoring at the hands of the applicant No.1 (Dr. Daf) & that she was negligent,” it said.
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