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High Court of KeralaCrl.MC/6654/2015allowed

Mahesh A.R. v. State Of Kerala

2015-10-29Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Crl.MC.No. 6654 of 2015 () ------------------------------------- CRIME NO. 20/2014 OF CYBER CRIME POLICE STATION, PATTOM, THIRUVANANTHAPURAM , ------------------------------------- PETITIONER(S):

-------------------------- MAHESH A.R. AGED 30 YEARS, S/O.ANANTHAKRISHNAN NAIR, RESIDING AT 160-14/160, THOZHUKKAL, NEYYATTINKARA, THIRUVANANTHAPURAM-695121. BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. ABHI KRISHNAN R, AGED 28 YEARS, S/O.RAJENDRA PRASAD B, RESIDING AT MVRA 27, MADATHUVILAKAM, PEROORKADA P.O.

THIRUVANANTHAPURAM-695 005.

R2 BY ADV. SRI.AJOY VENU R1 BY ADV. PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AD

Crl.MC.No. 6654 of 2015 () ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE A: CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.20 OF 2014 OF CYBER CRIME POLICE STATION, PATTOM, THIRUVANANTHAPURAM DATED 22.05.2014 ANNEXURE B: THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT DATED 30.09.2015 RESPONDENT'S EXHIBITS -------------------------------------- NIL //TRUE COPY// P.A TO JUDGE AD

B.KEMAL PASHA, J.

-------------------------------------- Crl.M.C.No.6654 of 2015 ---------------------------------------- Dated this the 29th day of October, 2015

ORDER

On a complaint by the 2nd respondent alleging that his website was hacked by the petitioner, Crime No. 20 of 2014 of the Cyber Crime Police Station, Thiruvananthapuram was registered against the petitioner alleging the offence punishable under Section 66 read with Section 43(a),(d) and Section 66(c) of the Information Technology Act, 2000, through Annexure-A First Information Report.

2. Presently, the matter has been amicably settled between the parties. The de facto complainant, who is the 2nd respondent has filed Annexure-B affirming that, the matter has been amicably settled between him and the petitioner and presently he has no complaints or grievances against the petitioner. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the further

Crl.M.C.No.6654 of 2015 investigation in Crime No. 20 of 2014 of the Cyber Crime Police Station, Thiruvananthapuram. Apart from that, no criminal antecedents have been reported against the petitioner. Matters being so, Annexure-A FIR in Crime No. 20 of 2014 of the Cyber Crime Police Station, Thiruvananthapuram and all further proceedings based on it as against the petitioner, can be quashed. In the result, this Crl.M.C is allowed and Annexure-A FIR in Crime No. 20 of 2014 of the Cyber Crime Police Station, Thiruvananthapuram and all further proceedings based on it as against the petitioner, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE AD/29/10/15