2025:KER:29718 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 4700 OF 2023 CRIME NO.7/2022 OF CYBER CRIME POLICE STATION, KOCHI CITY, Ernakulam IN CC NO.44 OF 2022 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM PETITIONER/ACCUSED: SHIHABUDEEN MOHAMMED MANZIL, AGED 38 YEARS S/O T MOHAMMED, MOHAMMED MANZIL, KADMAT ISLAND, KADAMAT PO, PIN - 682556 BY ADVS. SHIJU VARGHESE (ERNAKULAM) BINCY P. PAUL K.A.SUJAN RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, KOCHI RANGE, ERNAKULAM, PIN - 682031 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 3 MOHAMMED FAIZAL P.P., AGED 48 YEARS PADIPURA HOUSE, ANDROT ISLAND UNION TERRITORY OF LAKSHADWEEP, PIN - 682551 BY ADV P.SAJEEV (PERUMPALAM) SR.PP.PUSHPALATHA M.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29718 Crl.M.C.No.4700 of 2023 2 ORDER Dated this the 1st day of April, 2025 Petitioner is the sole accused in Crime No.7 of 2022 registered at the Cyber Crime Police Station, Ernakulam for offences punishable under Section 506 of IPC and Section 120(o) of the Kerala Police Act, 2011, now pending as C.C No.44 of 2022 on the files of the Chief Judicial Magistrate Court, Ernakulam. 2. The crime is registered on the allegation that, the accused, due to prior animosity for not receiving ship ticket to Lakshadweep, sent abusive and threatening messages to the defacto complainant from 23.01.2022. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between 2025:KER:29718 Crl.M.C.No.4700 of 2023 3 the parties and Annexure A3 affidavit has been filed by the 3rd respondent, vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is vouched to be true and voluntary by the Counsel for the 3rd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out 2025:KER:29718 Crl.M.C.No.4700 of 2023 4 by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure A2 final report and all further proceedings in Crime No.7 of 2022 registered at the Cyber Crime Police Station, Ernakulam, now pending as C.C No.44 of 2022 on the files of the Chief Judicial Magistrate Court, Ernakulam, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE SSK/01/04 2025:KER:29718 Crl.M.C.No.4700 of 2023 5 APPENDIX OF CRL.MC 4700/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO 7/2022 DATED 16.02.2022 Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CC NO 44/2022 DATED 16.02.2022 Annexure A3 AFFIDAVIT OF THE DE FACTO COMPLAINANT DATED 13.06.2023 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE