IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.VEERAPPA WRIT PETITION No.3739/2015 (GM – RES) BETWEEN:
Dr. RAVIRAJ.G.A., S/O LATE G.ANNAYYA SHERUGAR AGED ABOUT 36 YEARS KSDC REG. No.13586-A ANNAYYA ENT & DENTO FACIAL CLINIC R/AT No.14, 14TH MAIN SECTOR-5, HSR LAYOUT BANGALORE-560105. …PETITIONER (BY SRI K.SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR SRI YOGESH KUMAR.U.S., ADV.) AND:
1. PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BANGALORE-560001.
2. KARNATAKA STATE DENTAL COUNCIL No.23, APPAJAPPA AGRAHARA 1ST MAIN ROAD, CHAMARAJPET BANGALORE-560018 REP. BY ITS REGISTRAR 3. SRI.K.S.LOKESH MAJOR 4. SMT.ASHA.G.K., MAJOR RESPONDENT Nos.3 AND 4 ARE R/AT #177-B, 12TH CROSS 18TH MAIN SECTOR HSR LAYOUT, BANGALORE-560105. …RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA. FOR R-1; SRI.M.R.SHAILENDRA, ADV. FOR R-2; SRI.S.SHAKER SHETTY, ADV. FOR R-3 & R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED ORDER DATED 27.01.2015 PASSED BY THE RESPONDENT NO.1 AND THE ORDER DATED 15.07.2014 PASSED BY THE RESPONDENT NO.2 KARNATAKA STATE DENTAL COUNCIL IN ENQUIRY NO.1586/2013 VIDE ANNEXURE-A & B RESPECTIVELY; QUASH THE ORDER DATED 27.01.2015 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A; AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner Dr.Raviraj.G.A., has filed the present writ petition for a writ of certiorari quashing the order dated 27.01.2015 passed by the respondent No.1 removing the name of name of the petitioner from the Karnataka Dental Council Registry for a period of two years with effect from the date of the order.
2. After arguing the matter at length on 11.07.2019, the matter has posted for settlement if any. Today, the learned counsel for the parties duly signed by the contesting respondent Nos.3 and 4 and the petitioner, their respective counsel, have filed a joint memo which reads as under:
“That the petitioner and the respondent Nos.3 and 4 beg to submit as follows:
1. That the petitioner and the respondent Nos.3 and 4 have settled the matter out of Court, as per the settlement. The respondent Nos.3 and 4 have agreed to withdraw the initial common complaint dated 14.02.2013 forwarded to both Karnataka Medical Council and Karnataka Dental Council filed against the petitioner herein and against Dr.Raghavendra [Anesthetist]. Based on the said complaint an order of removal of the name of the petitioner from Karnataka Dental Council Registry for a period of 2 years has been passed. Since the original complaint dated 14.02.2013 itself is hereby withdrawn by the respondent Nos.3 and 4, the order at Annexure-A and B may be quashed by this Hon’ble Court.
2. It is further submitted that the brother of respondent No.3 herein has filed a police complaint against petitioner herein and also against Dr.Raghavendra [Anesthetist]. The charge sheet has been filed only against Dr.Raghavendra [Anesthetist] and presently the criminal prosecution is initiated only against Dr.Raghavendra [Anesthetist]. The respondent Nos.3 and 4 are the witnesses [CW2 and CW3] in the charge sheet filed by the police in C.C.No.1232 of 2015 pending before the 3rd Addl. CMM at Bengaluru against Dr.Raghavendra [Anesthetist]. As against the said initiation of criminal prosecution, Dr.Raghavendra [Anesthetist] has approached the City Civil and Sessions Judge [CCH 67] in Criminal Revision Petition 726 of 2015 and an order of stay has been granted in the said matter. The respondent Nos.3 and 4 and Sri.Prasanna [Complainant in C.C.No.1232 of 2015] hereby undertake to report the settlement to the City Civil and Sessions Judge [CCH 67] and state no objection for allowing the said Criminal Revision Petition 726 of 2015 pending before the City Civil and Sessions Judge [CCH 67] at Bengaluru in view of the settlement arrived herein.
3. That the respondent Nos.3 and 4 have also filed consumer complaint in No.9/2015 before Karnataka State Consumer Disputes Redressal Commission at Bengaluru against the petitioner herein and also against Dr.Raghavendra [Anesthetist]. The respondent Nos.3 and 4 hereby undertake to withdraw the said consumer complaint No.9/2015 pending before the Karnataka State Consumer Disputes Redressal Commission at Bengaluru.
4. That Dr.Raghavendra [Anesthetist] has also filed Criminal Complaint against the employees of respondent No.3 herein which is pending before the 1st ACMM in C.C.No.18652/2013 for the offence punishable U/S. 341, 323, 324 r/w section 34 of IPC. The said Dr.Raghavendra [Anesthetist] is hereby undertakes to withdraw said criminal prosecution pending before 1st ACMM.
5. That the petitioner and Dr.Raghavendra [Anesthetist] hereby jointly agreed to pay a sum of Rs.15,00,000/- [Rupees Fifteen Lakhs Only] to the respondent Nos.3 and 4 on purely humanitarian consideration and said tendering of amount shall not amounts to admission of either negligence or deficiency of service in any manner. The said amount of Rs.15,00,000/- [Rupees Fifteen Lakhs Only] is paid in following manners.
a] A sum of Rs.7,50,000/- Rupees Seven Lakh Fifty Thousand Only] paid by way of Cheque bearing No.330301 dated 02.08.2019 drawn on Canara Bank, HSR Layout Branch issued by the petitioner favouring the respondent No.3.
b] A sum of Rs.7,50,000/- Rupees Seven Lakh Fifty Thousand Only] paid by way of Cheque bearing No.311578 drawn on State Bank of India dated 02.08.2019 issued by Dr.Raghavendra [Anesthetist] favouring the respondent No.4.
That the said amount of Rs.15,00,000/- [Rupees Fifteen Lakhs Only] is paid and the criminal prosecution in C.C.No.18652/2013 will be withdrawn considering the undertakings and the assurances above given by Prasanna and respondent Nos.3 and 4 herein.
That the respondent Nos.3 and 4 have no objection to allow the above petitioner quashing the impugned ANNEXURE A and B. This compromise Memo may be taken on record and allow the writ petition in the interest of justice and equity.”
3. In terms of the joint memo, the respondent Nos.3 and 4 who are the complainants before the first respondent in complaint No.9/2015 against the petitioner herein and also against Dr.Raghavendra [Anestetist] undertake to withdraw the said complaint pending before the Karnataka State Consumer Disputes Redressal Commission at Bengaluru. Dr.Raghavendra [Anesthetist] also filed Criminal complaint against the respondent Nos.3 and 4 which is pending in C.C.No.18652/2013. He also undertakes to withdraw the said criminal prosecution pending before the 1st ACMM. Further, the petitioner and Dr.Raghavendra [Anesthetist] jointly agreed to pay a sum of Rs.15,00,000/- [Rupees Fifteen Lakhs Only] to the respondent Nos.3 and 4 on purely humanitarian consideration and said tendering of amount shall not amounts to admission of either negligence or difficiency of service by way of two cheques i.e., a sum of Rs.7,50,000/- Rupees Seven Lakh Fifty Thousand Only] paid by way of Cheque bearing No.330301 dated 02.08.2019 drawn on Canara Bank, HSR Layout Branch issued by the petitioner in favour of the respondent No.3. A sum of Rs.7,50,000/- Rupees Seven Lakh Fifty Thousand Only] paid by way of Cheque bearing No.311578 drawn on State Bank of India dated 02.08.2019 issued by Dr.Raghavendra [Anesthetist] favouring the respondent No.4. The respondent Nos.3 and 4 states that they will withdraw the complaint and they have no objections to quash the Annexures-A and B, in view of the compromise entered into between the parties.
4. The same is placed on record.
In view of the above, the writ petition stands disposed of in terms of the joint memo and both the doctors shall ensure that the cheques should not be dishonored.
Sd/- JUDGE NC.