Recently, the Delhi High Court has brought closure to the criminal proceedings initiated against Venkateshwar Hospital and its senior obstetrician, quashing an FIR that had alleged medical negligence arising from a caesarean section procedure. Justice Amit Mahajan examined the nature of the allegations, the findings of the medical disciplinary authorities, and the settlement reached between the parties, ultimately holding that continuation of the prosecution would be unwarranted in the absence of material suggesting criminal culpability.
The case arose from an FIR lodged in July 2022, where the patient alleged that a cotton mop had been inadvertently left inside her abdomen during a Lower Segment C-Section performed at the hospital. The retained material reportedly caused infection, pus accumulation, and eventually required a second major surgery at another facility. On these assertions, offences under Section 336, Section 337 and Section 34 of the Indian Penal Code were invoked. When the quashing petition came up before the Court, the complainant stated that the parties had settled the dispute through mediation, confirmed receipt of Rs. 14 lakh as compensation, and conveyed that she did not wish to pursue any further proceedings arising from the FIR.
The petitioners contended that the dispute had already been resolved through a formal mediation process and placed reliance on the findings of the Delhi Medical Council’s Disciplinary Committee, where both the hospital and the attending gynaecologist had participated. They submitted that the expert opinion reflected adherence to post-operative management protocols and noted that timely surgical referrals had been made. According to the petitioners, the material on record indicated an inadvertent lapse in counting surgical mops rather than conduct amounting to criminal negligence. The complainant aligned with this position, confirming her acceptance of the settlement amount and conveying that she did not wish to continue with the FIR or any proceedings emerging from it.
Justice Amit Mahajan closely examined the disciplinary findings, noting that the Committee had concluded that the abdominal mop recovered later, “in all likelihood was the one which had been left during the LSCS procedure,” and that there had been “some error in counting of mops during the primary surgery.” The Committee further held that Doctor “did not exercise due diligence which is expected from an ordinary prudent doctor,” but also that the omissions “were not reckless or patently wanton to invite criminal liability.” These conclusions were affirmed by the Delhi Medical Board.
The Court observed that "This Court is fully cognizant of the discomfort suffered by the patient due to the inadvertent retention of a foreign object in W.P.(CRL) 3976/2025 Page 12 of 13 her abdomen, which is unquestionably a matter of profound concern and merits unequivocal censure, as medical professionals are entrusted with the exacting duty of care. Nevertheless, the record, specifically the medical opinion obtained, reveals that the incident was unintentional and due oversight, bereft of the necessary mens rea and such degree of rashness to attract the rigours of a criminal trial."
Ultimately, while holding that the matter carried a predominantly civil character and that no element of “gross lack of competence or recklessness” had been demonstrated, the Court exercised its jurisdiction under Section 528 BNSS to terminate the proceedings. The FIR and all consequential actions were quashed, subject to the hospital and the doctor depositing Rs. 25,000 with the Delhi Police Martyrs’ Fund within four weeks. The petition was allowed in these terms.
Case Title: Venkateshwar Hospital And Anr Vs. State Of Nct Delhi And Anr
Case No.: W.P.(CRL) 3976/2025
Coram: Hon'ble Mr. Justice Amit Mahajan
Advocate for the Petitioner: Advs. Petal Chandhok and Garima Raisinghani,
Advocate for the Respondent: ASC Yasir Rauf Ansari, Advs. Alok Sharma and Pardeep Dahiya, SI Gaurav
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