Delhi High Court quashes FIR against Doctor, Hospital over cotton mop left inside woman during C-section

The Delhi High Court has quashed the FIR and consequential proceedings initiated against a Hospital and the concerned doctor over a cotton mop left inside the woman during C-section.

As per the FIR, while conducting a Lower Segment C-Section surgery of a woman, a foreign object/abdominal cotton mop was left inside the abdominal cavity which resulted in severe infection and pus collection in the area. The woman had to then undergo another major surgery, after the C-Section surgery, due to the medical negligence.

Before the High Court Dr. Dipti K. Yadav and Venkateshwar Hospital, filed a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR, registered at Police Station Dwarka North, for the offences under Sections 336/337/34 of the Indian Penal Code, 1860.

High Court was told that the matter was amicably settled between the parties with the intervention of Mediation Centre, Dwarka Courts, New Delhi out of their own free will, without any force, coercion or misrepresentation.

The woman notably told the High Court that she was satisfied with the compensation amount of Rs. 14,00,000/-, received by her and that the continuation of the proceedings would amount to further harassment of the parties and she did not wish to pursue any proceedings arising out of the present FIR and had no objection if the same is quashed.

High Court noted that a complaint alleging criminal medical negligence by doctors should not ordinarily set the criminal law in motion, unless the opinion of the Medical Council is sought.

"Pertinently, the Medical Opinion had been obtained in the present case and it stands recorded in the order of the learned Disciplinary Committee that proper management protocol was followed in the post-operative period and timely, surgical referral was done by the Petitioners. Further, the surgical advice was followed properly and even the condition of the complainant had started improving. However, since, an abdominal mop was retrieved from the abdominal cavity of the complainant, the same suggests that there was some error in counting of mops during the primary surgery, which was the combined duty of the operating surgeon as well as the Nurse. Hence, it was concluded that though the Petitioner No. 2 did not exercise due diligence which is expected from an ordinary prudent doctor, but the acts or omissions were not reckless or patently wanton to invite criminal liability.", a bench of Justice Amit Mahajan noted.

Court further found that evidently, no such “gross lack of competence or recklessness” had been detected on part of the Petitioners. "This Court is fully cognizant of the discomfort suffered by the patient due to the inadvertent retention of a foreign object in 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", the bench added.

However, keeping in mind the fact that the State machinery had been put to motion and the chargesheet was filed, court said that ends of justice would be served if the Petitioners are put to cost. "In view of the above, FIR No.455/2022 and all consequential proceedings arising therefrom are quashed, subject to payment of total cost of ₹25,000/- by Petitioners, to be deposited with the Delhi Police Martyrs’ Fund, within a period of four weeks from date.", it ordered accordingly.

Case Title: VENKATESHWAR HOSPITAL AND ANR vs State of NCT of Delhi

Order Date: December 2, 2025

Bench: Justice Amit Mahajan