IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1829 of 2011() -------------------------------------- CRIME NO.590/2011 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT. PETITIONER(S): ACCUSED -------------------------------------- DR.JAGMOHAN, S/O.ANANDAKRISHNA RAO, AGED 40 YEARS, NEAR A.J.HOSPITAL, KUNDIKANA, MANGALORE, NOW RESIDING AT NEAR ST.SEBASTIAN HOSPITAL, CHERUPUZHA, KANNUR DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE ------------------------------------ 1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DR.K.SASIDHARA RAO, S/O.K.BALAKRISHNA RAO, RESIDING AT RAJITHADRI, KUSHAVANKUNNU, AJANNUR VILLAGE, AJANNUR POST, HOSDURG TALUK, KASARAGOD DISTRICT.PIN-671 531. R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA. R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1829/2011 APPENDIX PETITIONER'S ANNEXURE A1:- CERTIFIED COPY OF THE FIR IN CRIME NO.590/2011 OF HOSDURG POLICE STATION. A2:- CERTIFIED COPY OF THE STATEMENT GIVEN BY THE 2ND RESPONDENT TO THE POLICE ON 23.5.2011. A3:- AFFIDAVIT DTD. 13.6.2011 SWORN IN BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1829 of 2011 -------------------------------------- Dated this the 24th day of June, 2011. ORDER Petitioner is accused in Crime No.590 of 2011 of Hosdurg Police Station for offences punishable under Sections 448, 324 and 506(ii) of the Indian Penal Code. Case is that petitioner, a medical practitioner trespassed into the operation theater in the hospital run by the second respondent on 22.05.2011 at 2.30 p.m., voluntarily caused hurt to the second respondent and criminally intimidated him. Parties have settled the dispute. Annexure-A3 is the affidavit sworn by second respondent. I have heard learned counsel for petitioner, second respondent and learned Public Prosecutor. 2. Learned Public Prosecutor has, on getting instruction submitted that parties have settled the dispute. Learned counsel for petitioner and second respondent have confirmed the settlement. Learned counsel for second respondent has confirmed authenticity and genuineness of Annexure-3, affidavit sworn by second respondent. Annexure-A3, affidavit shows that parties have settled the dispute. Hence I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Proceedings against petitioner in Crime No.590 of 2011 of Hosdurg Police Station are quashed. THOMAS P.JOSEPH, Judge. cks