ORDER

This Crl.M.C. has been filed to quash all further proceedings in Crime No.484/2021 of Vadakkenchery Police Station under Section 482 of the Cr.P.C.

2. The offences alleged against the petitioner are punishable under Sections 376(2)(e) and 354A(1)(i) of the IPC.

3. The petitioner is a consultant Radiologist. He is working at Holicare Diagnostics, Vadakkenchery. The 2nd respondent/victim was his patient.

4. The prosecution allegation is as follows:-

On 7-6-2021 at about 2.15 pm., the victim along with her husband visited Doctor at Taluk Hospital, Alathoor with complaints of emesis/vomiting. The victim got married one year back and is under treatment as she was not conceived after marriage. It is alleged that the accused who is a Doctor reached the scanning centre at about 2.25 pm. and conducted scanning on her stomach and thereafter scanned inside her vagina. Thereafter, the Doctor asked her to empty her urinary bladder and lay on the scanning bed and directed her to remove her pants and innerwear and again the accused had conducted vaginal scanning (transvaginal ultrasound examination). Thereafter, he had allegedly asked her to come towards the lower end of the béd and he spread her legs and placed her legs over his shoulders and started doing transvaginal ultra sound examination which caused pain to her. Thereafter, she was directed to lay herself backside up and she was asked to raise on the bed on her elbows and knees and the accused had inserted his finger into her rectal area which resulted in pain to her. Thereafter, the accused had allegedly covered his finger with a towel and penetrated into her rectal and at that time she was laying on her back. He used scanner on the lower part of her abdomen and after checking the screen/monitor he asked her that the bladder is still full and asked her to return after urinating. Then she had allegedly stated that she is not feeling to urinate and she had allegedly expressed her reluctance to continue with the scanning procedure. Thereafter she placed the scan report to the Doctor at Taluk hospital, Alathoor. Thereafter she had asked her husband to take her to a lady Doctor and they met Dr. Malathy at Vadakkenchery and as per her directions, she consulted another lady Doctor at Government Hospital. She was referred to W&C Hospital, Palakkad by the said Doctor where she consulted Doctor Divya and explained the scanning procedure adopted by the accused. The said Doctor had allegedly asked her to inform the police and accordingly she gave statement to the SHO of Vanitha Police Station. The statement recorded by the SHO of Vanitha Police Station, Palakkad was forwarded to the Vadakkenchery Police Station along with a covering letter on the basis of which the above crime was registered alleging aforementioned offences.

5. The learned counsel for the petitioner Sri.K.Anand submitted that, even if the entire allegations in the FIS together with the materials collected during the investigation are taken at their face value, no offence under Section 376(2) (e) of the IPC of under Section 354A(1)(i) of the IPC is attracted. The learned counsel further submitted that the allegations squarely fall within exception (1) to proviso (2) of Section 375 of the IPC.

6. The learned counsel for the 2nd respondent, Sri.Ramesh, submitted that, in fact, the 2nd respondent preferred a complaint on misunderstanding and the petitioner did not willfully commit any sexual acts on her as stated by her. The learned counsel further submitted that the matter has been settled between the parties also.

7. I went through the FIS as well as the Final Report.

There is nothing in the statement of the victim to attract the ingredients of either Section 376(2)(e) of the IPC or 354A(1)(i) of the IPC. A reading of the statement by the 2nd respondent would show that next to the bed used for scanning, a female staff was present watching the monitor of the system. The scanning room is separated only with a curtain. Exception to t