IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Crl.MC.No. 2684 of 2009 --------------------------------------- CC.108/2006 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... PETITIONER/ACCUSED: VINOD K., AGED 33 YEARS, S/O.M.K.RAMACHANDRAN, 'HARIOM', KOTTOPADAM-PO, MANNARKAD-VIA, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS/COMPLAINANT & STATE: 1. PADMAPRIYA JANAKIRAMAN, D/O.BRIG.V.K.JANAKIRAMAN, PLOT NO:122, BANK COLONY, R.K.PURAM, SECUNDERABAD, ANDHRAPRADESH-500056. TEMPORARILY RESIDING AT: C/O.E.V.RAMADEVAN, CHANDRASEKHARAPURAM VILLAGE, EDATHARA-PO,PALAKKAD. 2. STATE, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (REPRESENTING KOTTAYAM EAST POLICE- CRIME NO:414/2006) BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R2 ADV. SRI.K.V.SABU FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2684 of 2009 -------------------------- ORDER Petitioner is the accused and first respondent, the defacto complainant in C.C.No.108/2006 on the file of Chief Judicial Magistrate's Court, Kottayam, taken cognizance for the offences under Sections 507 and 509 of Indian Penal Code and under Section 67 of Information Technology Act. Prosecution case is that petitioner sent various messages from his mobile phone 9846642109 to the first respondent, a cine actress, during the period 10.8.2006 to 29.8.2006 so as to adversely affect the fame and name of the first respondent and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the first respondent were amicably settled and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit to the effect that the matter has been amicably settled and she voluntarily decided not CRMC 2684/09 2 to pursue the case against the petitioner and as she has no surviving grievance or claim against the petitioner, she has no objection to terminate the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Offences alleged against the petitioner are purely personal in nature as against the first respondent. Affidavit filed by the first respondent establishes that she has amicably settled the dispute with the petitioner and she has no intention to proceed with the case. In view of the settlement, 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. Petition is allowed. C.C.No.108/2006 on the file of Chief Judicial Magistrate's Court, Kottayam is quashed. 28th October, 2009 (M.Sasidharan Nambiar, Judge) tkv