IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Crl.MC.No. 3578 of 2009() -------------------------------------- C.C.NO.1277/05 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT,ERNAKULAM .... (CRIME NO.254/2003 OF PANANGAD POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- KURUVILA SAMUEL, S/O.KORUTHU SAMUEL, AGED 52 YEARS, PRESENTLY RESIDING AT NO.7, BARCLAYS VILLAS, CHEMPUMUKKU, KAKKANADU WEST, COCHIN-682 030. BY ADV. MR.BECHU KURIAN THOMAS RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREEKUMAR R.MENON, EXECUTIVE DIRECTOR, MALAYALAM INDUSTRIES LTD., MERMAID COMPLEX, KANIYAMPUZHA, VYTTILA, COCHIN. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR R2 BY ADV. MR.M.S.NARAYANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3578 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.1277/2005 on the file of Additional Chief Judicial Magistrate's Court, Ernakulam, taken cognizance for the offences under Sections 66(2) and 72 of Information Technology Act, 2000. Prosecution case is that petitioner was Hotel Consultant of the second respondent company. In that capacity, he procured the password of the internet connection of Mermaid @ md4.vsnl.net in and after he left the employment, from his personal computer, got access to the net, during the period from 29.7.2003 to 13.10.2003, from his land phone 04842535653 and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that neither an offence under Section 66 (2) nor Section 72 of Information technology Act is attracted and CRMC 3578/09 2 therefore, continuation of the proceedings is only an abuse of process of the court. 2. Second respondent appeared through a counsel and filed a petition (Crl.M.Appl.No.936/2009) jointly with the petitioner stating that they have settled the disputes and the offences alleged are purely personal and private in nature. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), it is not in the interest of justice to continue the prosecution and therefore, it is to be quashed. 3. Prosecution case is that petitioner was a Hotel Consultant of the second respondent company and he worked there till he left the job and thereafter he was residing in a rented house at St.Martin Road, Palarivattom. He had a BNL land phone 04842535653. As he had procured the password of Mermaid @ md4.vsnl.net in connection with his employment, he illegally got inter net access through the said connection and thereby committed CRMC 3578/09 3 the offences. The offences alleged against the petitioner are purely personal in nature against the second respondent. Joint statement filed by the petitioner and second respondent establishes that the disputes between them were settled amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioner are purely personal in nature and there has been an amicable settlement of the disputes between the parties, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1277/2005 on the file of Additional Chief Judicial Magistrate's Court, Ernakulam is quashed. 24th February, 2010 (M.Sasidharan Nambiar, Judge) tkv