Criminal proceedings against doctor quashed absent gross negligence proof and where inquiry report confirms no involvement in treatment; high threshold per established guidelines required for medical professionals under culpable homicide not amounting to murder.

JUDGMENT :
ASHISH S. CHAVAN, J.

1. The Petitioner herein is a senior Obstetrician and Gynaecologist with more than three decades of clinical experience who finds herself being prosecuted for an offence punishable under Section 304-A read with Section 34 of IPC, vide an FIR dated 03.09.2025 bearing No.121/2025 registered at the Mapusa Police Station. The husband of the Petitioner is also arrayed as a co-accused.

2. The case of the Petitioner is as follows:

(a) The Petitioner along with her husband, owns and manages Ankur Nursing Home at Mapusa since 1989. The Petitioner has undergone advanced training in Ultra Sonography and Foetal Medicine. She has completed her MBBS in 1984 with a Distinction and thereafter obtained the Post Graduate Diploma and Master's in Obstetrics and Gynaecology. Somewhere in June, 2023, one Ms Pradnya Parab, wife of Darshan Parab, aged 41 years, had started to take treatment to conceive a child at Kolhapur, Indira IVF Centre. Somewhere in July 2023, Pradnya became pregnant and was told by Dr Sheela Gupte, attached to Vision Hospital Mapusa, that she needed to put a cervical stitch since she had a twin pregnancy. On 11.10.2023, Pradnya approached the husband of the Petitioner (Dr Ajit Mopkar) at Ankur Nursing Home. Dr Ajit Mopkar is a renowned Gynaecologist and Laparoscopist and a co-owner of Ankur Nursing Home.

(b) Dr Ajit Mopkar put the cervical stitch as required. On 22.12.2023, Pradnya was admitted to Ankur Nursing Home, Mapusa at 6.00 a.m. due to mild spotting and blood stained discharge. She was 24.5 weeks pregnant with mild Hypothyroidism and a rare Rh Negative blood type. Diagnosed as a case of threatened miscarriage, all necessary treatment was immediately started. The treatment continued from 23.12.2023 to 26.12.2023 and patient was responding well to the said treatment. On 27.12.2023, Pradnya went in active labour at 12.00 hrs. and delivered the first twin at 5.20 p.m. and the second twin at 5.25 p.m. Since the new born babies were underweight, they were placed in the neonatal intensive care of a neighbouring hospital. The placenta of the patient did not separate and had to be removed surgically.

(c) Considering the likelihood of surgical intervention to remove the placenta and since the patient (Pradnya) needed multiple blood transfusions of A Negative Blood, which is rare, she was shifted to GMC at 19.30 hrs. Treatment was started on Pradnya at GMC at around 9.56 p.m. On 30.12.2023, Pradnya expired unfortunately, while being under management and care at GMC due to an obstetric haemorrhage that was the underlying cause of death, which superimposed sepsis.

(d) The twin babies were shifted from Gauns Child Care Hospital Mapusa to GMC Bambolim by the relatives of Pradnya, who took discharge against medical advice.

(e) A case of U.D. No0.99/2023 under Section 174 Cr.PC. bearing No.MAP/PS/10615/2024 dated 04.09.2024 was lodged at Mapusa Police Station. In the meanwhile, a complaint was made by Darshan Parab (husband of Pradnya) before the Mapusa Police Station, alleging medical negligence against the Petitioner, her husband Dr. Ajit Mopkar and Dr. Shivanand Gauns of Gauns Childcare Hospital, Mapusa.

(f) On 12.05.2025, the Petitioner was summoned to appear before a committee constituted under the Goa Medicare Service (Goa Medicare Act 2013). This Committee was constituted on the basis of the complaint dated 19.01.2024 lodged by husband of Pradnya, i.e. Respondent No.4 herein. The Petitioner appeared before the said committee and stated that she had no involvement in the clin