IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
VISHNU NAIR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 2362 OF 2023
| Table of Content |
|---|
| 1. petition filed under sec. 482 of crpc. (Para 1 , 2) |
| 2. amicable settlement between parties. (Para 3 , 4 , 5) |
| 3. quashing of proceedings necessary for harmony. (Para 6) |
| 4. crl. m.c allowed, proceedings quashed. (Para 7) |
O R D E R Dated this the 30th day of March, 2026 This is a petition filed under Section 482 of the Code of Criminal Procedure , by the accused in Crime No.23/2022 of Cyber Crime Police Station, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 354 (i)(iv) of IPC and Sections 66 (c), 66(E), and 67 of IT Act, 2000.
2. The prosecution case is that on one day in March, 2022, the accused created a Facebook account in the name of the defacto complainant and posted nude photographs of the defacto complainant with the intention to insult her modesty and thereby he is alleged to have committed the aforesaid offences.
3. According to the petitioner, the dispute has been amicably settled with the defacto complainant/victim/ respondent No.2 and that he/she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.
4. The defacto complainant/victim filed an affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioner.
5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victim is not interested in continuing the prosecution against the petitioner.
6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties and also to prevent abuse of process of the court.
7. In the result, This Crl. M.C is allowed. All further proceedings against the petitioner in crime No. 23/2022 of Cyber Crime Police Station, Thiruvananthapuram, is quashed under Section 482 of the Code of Criminal Procedure .
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