New Delhi, Dec 13 (NationPress) The Delhi High Court has annulled an FIR filed against a private medical facility and one of its senior physicians after acknowledging that the medical negligence matter -- stemming from claims that a cotton mop was inadvertently left inside the patient's abdominal cavity during a Lower Segment C-Section -- had been amicably settled between the involved parties.

Stating that further proceedings would serve no beneficial purpose, a single-judge bench led by Justice Amit Mahajan granted approval to the petition submitted by Venkateshwar Hospital and Dr. Dipti K. Yadav, which sought to quash the FIR lodged at Dwarka North police station under Sections 336, 337, and 34 of the IPC.

The complainant, who underwent a C-section at the hospital in January 2021, informed the Delhi High Court that she had received compensation of Rs 14 lakh and expressed her desire to discontinue the proceedings.

"All disputes have been settled amicably, without any coercion, pressure, or undue influence," she remarked to Justice Mahajan, adding that "continuing the proceedings would lead to further harassment".

The FIR originated from the complainant's assertion that a cotton mop had been left inside her abdominal cavity during the C-section, leading to severe infection and necessitating an additional surgery.

A previous inquiry by the Delhi Medical Council (DMC) concluded that while the mop was "most likely" left behind during the procedure, the oversight was due to a counting error of surgical mops.

The DMC determined that Dr. Yadav "did not exercise due diligence expected from a reasonably prudent doctor", although it emphasized that her actions were "not reckless or blatantly inviting criminal liability".

It also recommended the removal of the doctor's name from the State Medical Register for a period of 30 days and suggested disciplinary measures against the scrub nurse who miscounted the mops.

While recognizing the distress faced by the complainant, Justice Mahajan noted, "The incident was unintentional and arose from oversight, lacking the necessary means and degree of recklessness to warrant criminal trial consequences."

"The likelihood of conviction is remote and minimal, and the continuation of criminal proceedings would subject the accused to significant oppression and prejudice," the judge added.

By quashing the FIR and all related processes, the Delhi High Court directed the petitioners to contribute Rs 25,000 to the Delhi Police Martyrs' Fund within four weeks.