Dr.Riny Salas vs The State Of Kerala
2021 Latest Caselaw 17027 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                         CRL.MC NO. 567 OF 2021
                CRIME NO.504/2020 OF TIRUR POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 1474/2013 OF JUDICIAL MAGISTRATE OF
                 FIRST CLASS ,PARAPPANANGADI, MALAPPURAM
PETITIONER/S:

     1     DR.RINY SALAS
           AGED 45 YEARS
           W/O.SALAS K.FRANCIS, SPICE VILLA, FACE-2,
           KADAYIRIPPU P.O., KOLENCHERI, ERNAKULAM DISTRICT.

     2     DR.K.B.VALSAN
           AGED 55 YEARS
           S/O.BHASKARAN, CHANDRA KANTHA, B.P.ANGADI (PO),
           MALAPPURAM DISTRICT.

           BY ADVS.
           JAMSHEED HAFIZ
           SMT.K.K.NESNA



RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, PIN - 682 031.
 Crl.M.C.No. 567 of 2021

                                         2




      2        SHAMSUDHEEN
               S/O.MOIDEENKUTTY, MUNDEKKATT HOUSE, B.P.ANGADI,
               THALAKKAD AMSOM DESOM, TIRUR,
               MALAPPURAM DISTRICT - 676 102.


OTHER PRESENT:

               SRI. C. S. HRITHWIK - SR. P. P.




      THIS    CRIMINAL    MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 567 of 2021

                                         3




                                 O R D E R

Dated this the 12th of August 2021

The petitioners are accused 1 and 2 in Crime

No.504/2010 of Tirur Police Station for having allegedly

committed an offence punishable under Section 304A of the

I.P.C., which is now pending trial as C.C.No.1474/2013 on

the files of the Judicial First Class Magistrate Court-I,

Parappanangadi.

2. The petitioners are doctors and it was allegedly

due to the criminal negligence on the part of the

petitioners that the niece of the de facto complainant had

died on 25.06.2017 at MIMS Hospital, Calicut. There was

also an incident in which the doctors were allegedly

manhandled and a crime was registered against the persons,

who manhandled. Both these matters have been amicably

settled and the petitioners therefore seek to quash the

proceedings as against them in the aforesaid crime. The de

facto complainant has appeared through a Counsel and filed Crl.M.C.No. 567 of 2021

an affidavit at Annexure A2 to the effect that he has no

objection in quashing the proceedings against the

petitioners, since the matter has been settled between

them.

3. The learned Public Prosecutor has also got

instructions regarding the genuineness of the settlement.

The petitioners do not have any other criminal antecedents.

There is no public interest involved.

Resultantly, the Crl.M.C. is allowed and the entire

proceedings as against the petitioners in Crime No.504/2010

of Tirur Police Station, presently pending as

C.C.No.1474/2013 on the files of the Judicial First Class

Magistrate Court-I, Parappanangadi, shall stand quashed

under Section 482 of Cr.P.C. and the petitioners are

discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE dkr Crl.M.C.No. 567 of 2021

APPENDIX OF CRL.MC 567/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.504/2010 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT, DATED 11/05/2012.

ANNEXURE A2 TRUE COPY OF THE NOTARIZED AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 18/01/2021.