The High Court of Kerala allowed the criminal miscellaneous application and quashed the entire criminal proceedings based on the settlement reached between the accused and the complainant.
Quashed the entire criminal proceedings in C.C. No.989/2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940
Crl.MC.No. 4084 of 2018
IN CC 989/2017 of JUDICIAL FIRST CLASS MAGISTRATE-II, KOCHI CRIME NO. 2259/2011 OF THOPPUMPADY POLICE STATION, ERNAKULAM
PETITIONER/SOLE ACCUSED:
SREEJITH S S/O.SREEDHARAN NAIR,AGED 38 YEARS, “SREE BHAVAN”, MVRA 47, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM - 13.
BY ADV.SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. LORAINE REYNOLDS, S/O.K.J.REYNOLDS, AGED 29 YEARS, “KURISHINGAL HOUSE”, BEACH ROAD COCHIN, ERNAKULAM DISTRICT - 682 002
R2 BY ADV. SRI.EBIN MATHEW
R1 BY PUBLIC PROSECUTOR SRI. T.R. RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MSP
Crl.MC.No. 4084 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.2259/2011 OF THOPPUMPADY POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.989/2017 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT-II, KOCHI. ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 13-06-2018.
RESPONDENTS ANNEXURES:
NIL
//TRUE COPY//
P.A. TO JUDGE
MSP
SUNIL THOMAS, J.
===========================
Crl.M.C No.4084 of 2018
=========================== Dated this the 11th day of July, 2018
ORDER
The petitioner herein is the sole accused in C.C.
No.989/2017 of Judicial First Class Magistrate Court-II,
Kochi arising in crime no.2259/2011 of Thoppumpady Police station.
the 2nd respondent herein, the petitioner created a fake face book account of the defacto-complainant and posted photographs of the petitioner and the 2nd respondent. Thereafter, he forwarded certain derogatory comments. Pursuant to the complaint laid
by the second respondent, crime was registered. After investigation, final report was laid.
Crl.M.C No.4084 of 2018
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have resolved their dispute. Affirming the settlement, an
affidavit has been filed by the petitioner herein as Annexure A3. The learned counsel for the second respondent acknowledged the due execution of the above affidavit. It was submitted that, she has no objection in quashing the proceedings in the light of the settlement.
also submitted that the parties have resolved their dispute and that the petitioner herein has no criminal antecedents.
Public Prosecutor and by the parties, I am inclined to invoke the jurisdiction under Section 482 of Cr.P.C. to quash the entire criminal proceedings.
Crl.M.C is accordingly allowed. All further proceedings in C.C. No.989/2017 of Judicial First Class Magistrate Court-II, Kochi stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
ACM
Crl.M.C No.4084 of 2018
3
1 issue framed by the court
Whether criminal proceedings relating to creation of fake Facebook account and derogatory comments can be quashed in light of settlement between parties.
1 provisions across 1 enactments
Sreejith S
State of Kerala
Loraine Reynolds
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
