Muhammad Nafsal v. State of Kerala
In the High Court of Kerala
Crl. MC. 9678/2022
Before Justice Kauser Edappagath
Decided on January 20, 2023

Relevancy of the case: Quashing of FIR in a case involving theft, forgery, and cheating by impersonation after an amicable settlement between the parties

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C)
• The Code of Criminal Procedure, 1973 (Section 482)
• The Indian Penal Code, 1860 (Section 465, 469)

Relevant Facts of the Case

• The petitioner was accused of identity theft, cheating by impersonation, and forgery.
• The third respondent was the de facto complainant, and the fourth respondent was the victim of the alleged cyber crimes.
• The third and fourth respondents submitted affidavits indicating they had reached an amicable settlement with the petitioner and did not wish to proceed with the criminal case.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the final report should be quashed as the parties have amicably settled the matter. They also presented affidavits from the victim and the complainant to confirm the settlement.
• Based on the investigation officer’s report, the Senior Public Prosecutor confirmed the settlement and did not object to the quashing of proceedings.

Opinion of the Bench

• The court referred to some Supreme Court rulings, such as Gian Singh v. State of Punjab. Since the dispute was personal and the parties had reached an amicable settlement, quashing the proceedings would serve the ends of justice and prevent abuse of the judicial process.

Final Decision

• The court allowed the petition and quashed the final report based on the amicable settlement between the parties.