VENKATESHWAR HOSPITAL & ANR. vs STATE OF NCT DELHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 11th February, 2025 + W.P.(CRL) 2137/2022 and CRL.M.A. 18475/2022 VENKATESHWAR HOSPITAL & ANR. .....Petitioners Through: Ms. Petal Chandhok, Ms. Kashish Rehan, Advocates. versus STATE OF NCT DELHI & ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC with Mr. Pardeep Dhaiya and Ms. Mahima Benipuri, Advocates for R-2 SI Durgesh, PS Dwarka North CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Code”) has been filed on behalf of the petitioners seeking quashing of the FIR bearing no. 0455/2022 dated 14th July, 2022 registered at Police Station – Dwarka North, Delhi under Sections 336/337/34 of the Indian Penal Code, 1860 (hereinafter “IPC”) and the consequential proceedings arising therefrom. 2. The brief facts of the case that led to the filing of the instant petition are as follows: Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR W.P.(CRL) 2137/2022 Page 1 of 15 Signing Date:25.02.2025 18:42:25 a. The petitioner no. 1, namely Venkateshwar Hospital, is a multi- specialty hospital located at Sector 18A, Dwarka, New Delhi and the petitioner no. 2 is an Obstetrician and Gynecologist working at petitioner no. 1-hospital. The respondent no. 2 was a patient taking treatment for her pregnancy at petitioner no. 1-hospital, wherein petitioner no. 2 was attending her. b. As per the FIR, on 12th January, 2021, the respondent no. 2 was admitted to the petitioner no. 1-hospital due to her final stages of pregnancy. After assessing the condition, the petitioner no. 2 conducted LCSC surgery on respondent no. 2 and she gave birth t