Dr.Gopakumaran Unnithan v. Krishnakumari.S.S

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 Crl.MC.No. 1750 of 2015 --------------------------- CRIME NO. 219/2015 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. ...........

PETITIONER/ACCUSED:

----------------------------------- DR.GOPAKUMARAN UNNITHAN, RESIDING AT TC 9/1035/1, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695 010.

BY ADV. SRI.JOBY CYRIAC RESPONDENT(S)/COMPLAINANT AND STATE:

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1. KRISHNAKUMARI.S.S, W/O.P.K.ASHOKAN, 'THAIPARAMBIL', TC 5/2062, SREE KRISHNA LANE, KAVADIYAR P.O., THIRUVANANTHAPURAM - 695 003.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

R1 BY ADV. SRI.K.VIDYASAGAR R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 1750 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEXURE A1:

A TRUE COPY OF THE FIR NO. 0219/15.

ANNEXURE A2:

A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 17/03/2015.

RESPONDENT(S)' ANNEXURES:

- NIL -------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.1750 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

Petitioner is the sole accused in Crime No.219/2015 of Museum police station registered for the offence 354 of Indian Penal Code. He allegedly outraged the modesty of a patient who consulted him. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed. 3.

Heard the learned counsel for the petitioner and for the first respondent and the learned Public Prosecutor. 4.

The first respondent has filed an affidavit to the effect that the matter has been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that the allegation is true and no public interest is involved in this case. This is a fit case to invoke the jurisdiction of this court under Section 482 Cr.P.C to quash the proceedings in the criminal case. In the result, this Crl.M.C is allowed. The proceedings in Crime No.219/2015 of Museum police

CRL.M.C.No.1750 OF 2015 station is quashed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge