M.B. Anaswera v. P.M. Shyamlal
In the High Court of Kerala
Crl. M.C. 1475/2014 and C.R. 165/2013
Before Justice K. Ramakrishnan
Decided on March 07, 2014

Relevancy of the case: Quashing of proceedings after settlement wherein the wife published a derogatory Facebook post against her husband

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66A)
• The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

• The police charge the petitioner under Section 66A of the Information Technology Act, 2000. She published a derogatory message against her husband on Facebook.
• The petitioner and the first respondent (her husband) settled their disputes through mediation and decided to part ways. Further, the respondent expressed no desire to continue with the prosecution.
• The petitioner has filed this petition to quash the proceedings, as the parties have settled.
• Following court instructions, the learned Public Prosecutor submitted that the impugned publication could not be traced and that the investigation is in its preliminary stage, opposing the application.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the parties had settled. Continuing the investigation will be a futile exercise.
• The Public Prosecutor submitted that the investigation is in its preliminary stage. The police was not able to trace the impugned publication. She further opposed the petitioner’s prayer.
• The first respondent’s counsel supported the petitioner’s counsel, stating that all disputes were resolved and he no longer wished to prosecute.

Opinion of the Bench

• The court acknowledged the arguments of the petitioner’s counsel. Since the parties have reached a settlement, it is appropriate to quash proceedings in this case, per the Supreme Court’s judgment in Gian Singh v. State of Punjab.

Final Decision

• The court allowed the petition and quashed the proceedings.