High CourtsSINGLE BENCH(2017) 11 KL CK 0018

DR.A.SREEKUMAR vs STATEOF KERALA

High Court Of Kerala · Decided on 6 November 2017

HON’BLE JUDGES
A.M.Babu
CASE NUMBER
8473 of 2016

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Judgment

32 paragraphs · 243 words

1.Petitioner is the 2nd accused in crime

no.991/2015 registered at the Ernakulam town

south police station. The 1st accused is stated to

be a private limited company. The petitioner is

one of the directors of the said company.

2.The offences alleged against the petitioner and

his company and also against others are those

punishable under Secs 120B and 420 of IPC . The

allegation is that the accused persons had

received Rs 6,00,000/- for the treatment of the

3rd respondent for cancer, but the treatment

produced no good result.

3.When the matter is taken up, the learned counsel

for the petitioner and the learned counsel for

the 3rd respondent have submitted that the dispute

has amicably been settled on payment of a sum of

Rs 5,00,000/- by the petitioner to the 3rd

respondent. Annex-2 document is produced to prove

the said payment. Both the counsel have submitted

that the relief sought in the petition may be

granted as the matter has been settled between

them.

4.The dispute between the petitioner and the 3rd

respondent has been settled. The offence under

Sec.420 of IPC is compoundable with the leave of

the court. In these circumstances I am of the

opinion that the Crl M.C can be allowed to the

extent indicated below.

5.All proceedings in pursuance of the FIR in crime

no.991/2015 of the Ernakulam town south police

station as against the petitioner herein stand

quashed. The Crl M.C is allowed to that extent.