Criminal Miscellaneous Case filed to quash proceedings arising from an offence under Sections 66(C) and 66(D) of the IT Act. The court allowed the petition, quashing further proceedings based on an out-of-court settlement.
Entire further proceedings in C.C.No. 42/2018 pending in the Chief Judicial Magistrate Court, Ernakulam are quashed.
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 MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943
CRL.MC NO. 3973 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 42/2018 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM IN CRIME NO. 391/2017
PETITIONER/ACCUSED:
ATHIRA AUGUSTINE AGED 34 YEARS D/O V.A.AUGUSTINE, VLAMPARAKKAL HOUSE, KARUVACHAL, VELLAD, KANNUR, PIN670571.
BY ADVS. K.S.MADHUSOODANAN M.M.VINOD KUMAR P.K.RAKESH KUMAR K.S.MIZVER M.J.KIRANKUMAR
RESPONDENTS/FORMAL PARTY/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER CENTRAL POLICE STATION, ERNAKULAM DISTRICT, PIN-682031.
3 SREEKANTH K.M AGED 39 YEARS S/O M.V.MADHAVA MARAR, KAIRALI HOUSE, CHEKKIKULAM P.O, MANIYOOR VILLAGE, TALIPARAMBA TALUK, KANNUR PIN-670592.
BY ADV SHAIJAN C.GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C NO. 3973 OF 2021 2
ORDER
This Crl.M.C has been filed seeking to quash the entire further proceedings against the petitioners in C.C.No. 42/2018 of Chief Judicial Magistrate Court, Ernakulam which arose out of the Crime No. 391/2017 registered for the offence punishable under Sections 66(C), (D) of IT Act.
Crl.M.C NO. 3973 OF 2021 3
objection in quashing the further proceedings against the petitioner in C.C.No. 42/2018 pending on the file of Chief Judicial Magistrate Court, Ernakulam
In the result, Crl.M.C allowed. The entire further proceedings against the petitioner in C.C.No. 42/2018 pending on the file of Chief Judicial Magistrate Court, Ernakulam is here by quashed.
SD/-
M.R.ANITHA JUDGE
rps/
Crl.M.C NO. 3973 OF 2021 4
APPENDIX OF CRL.MC 3973/2021
PETITIONER ANNEXURE
Annexure -1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.391/2017 OF CENTRAL POLICE STATION ERNAKULAM.
Annexure -11 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 7/7/21.
1 issue framed by the court
Whether criminal proceedings should be quashed in light of out-of-court settlement between parties.
1 provisions across 1 enactments
ATHIRA AUGUSTINE
STATE OF KERALA
SREEKANTH K.M
M.R. ANITHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
