Ajimuddin Ansari vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 17, 2023

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Citation: sooperkanoon.com/1389789
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Nov 17, 2023
Case Number: Crl.MC/7439/2023

Parties & Advocates

Appellant / Petitioner

Ajimuddin Ansari

Respondent

State of Kerala

Excerpt

.....the court on the same day passed the following: crl.m.c. no.7439 of 2023 2orderpetitioner is the accused in crime no.11/2023 of cyber crime police station, thrissur district, alleging commission of offences under section 420 of the indian penal code and section 66(d) of the information technology (amendment) act, 2008.2. learned counsel appearing for the petitioner wouldsubmit that the entire issues between the petitioner and the 2 nd respondent have been settled. learned counsel appearing for the petitioner also refers to annexure-a2 affidavit executed by the 2nd respondent to establish that the entire issues between the petitioner and the 2nd respondent have been settled and the 2nd respondent does not intend to continue with the proceedings against the petitioner.3. the learned senior public prosecutor and thelearned counsel appearing for the 2nd respondent would confirm that the entire issues between the petitioner and the 2nd respondent have been settled and the 2nd respondent does not wish to continue with the prosecution in any manner.4. having heard the learned counsel for the petitioner, the learned senior public prosecutor and the learned counsel crl.m.c. no.7439 of 2023 3for the 2nd respondent, i am of the view that the proceedings against the petitioner can be terminated in exercise of the jurisdiction vested in this court under section 482 of cr.p.c. no public interest will be served by continuing with the proceedings against the petitioner. the nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. having regard to the principles laid down by the supreme court in gian singh v. state of punjab and another; (2012) 10 scc 303, and state of madhya pradesh v. laxmi narayan and others;(2019) 5 scc 688, i am of the view that considering thenature of the offences alleged against the petitioner the proceedings can be quashed on the basis of settlement. accordingly, this crl.m.c. is allowed and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 17TH DAY OF NOVEMBER 2023 / 26TH KARTHIKA, 1945 CRL.MC NO. 7439 OF 2023 CRIME NO.11/2023 OF CYBER CRIME POLICE STATION, THRISSUR, Thrissur PETITIONER/ACCUSED: AJIMUDDIN ANSARI AGED 26 YEARS, S/O. MANIRUDDIN ANSARI, MURLI PAHARI VILLAGE, KAEANJI P.O, MARGOMUNDA P.S, DEOGHAR, JARKHAND, PIN - 815 353. BY ADV D.VIMAL DEV RESPONDENT/STATE OF KERALA/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 MARYMOL K.P AGED 43 YEARS, W/O. ANIL P MANI, PANAKKAL HOUSE, KANIPAYYUR, THRISSUR, PIN - 680 502. BY ADVS. SRI NOUSHAD K.A. (SR PP) SRI GIFFIN SHALOO (FOR R2) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. NO.7439 OF 2023 2

ORDER

Petitioner is the accused in Crime No.11/2023 of Cyber Crime Police Station, Thrissur District, alleging commission of offences under Section 420 of the Indian Penal Code and Section 66(D) of the Information Technology (Amendment) Act, 2008.

2. Learned counsel appearing for the petitioner would

submit that the entire issues between the petitioner and the 2 nd respondent have been settled. Learned counsel appearing for the petitioner also refers to Annexure-A2 affidavit executed by the 2nd respondent to establish that the entire issues between the petitioner and the 2nd respondent have been settled and the 2nd respondent does not intend to continue with the proceedings against the petitioner.

3. The learned Senior Public Prosecutor and the

learned counsel appearing for the 2nd respondent would confirm that the entire issues between the petitioner and the 2nd respondent have been settled and the 2nd respondent does not wish to continue with the prosecution in any manner.

4. Having heard the learned counsel for the petitioner, the learned Senior Public Prosecutor and the learned counsel Crl.M.C. NO.7439 OF 2023 3

for the 2nd respondent, I am of the view that the proceedings against the petitioner can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioner. The nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. Having regard to the principles laid down by the Supreme Court in Gian Singh v. State of Punjab and Another; (2012) 10 SCC 303, and State of Madhya Pradesh v. Laxmi Narayan and Others;

(2019) 5 SCC 688, I am of the view that considering the

nature of the offences alleged against the petitioner the proceedings can be quashed on the basis of settlement. Accordingly, this Crl.M.C. is allowed and all further proceedings in Crime No.11/2023 of Cyber Crime Police Station, Thrissur District, will stand quashed as against the petitioner. Sd/- GOPINATH P. JUDGE ats Crl.M.C. NO.7439 OF 2023 4 APPENDIX OF CRL.MC 7439/2023 PETITIONER’S ANNEXURES Annexure A1 THE COPY OF THE FIR NO OF 11 OF 2023 OF CYBER CRIME POLICE STATION THRISSUR AND CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT OF THE 2ND RESPONDENT Annexure A2 THE AFFIDAVIT OF THE 2ND RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Ajimuddin Ansari vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.