Kerala High Court
Nishal vs State Of Kerala on 4 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:93959
CRL.MC NO. 6476 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA, 1947
CRL.MC NO. 6476 OF 2025
CRIME NO.1526/2023 OF Narakkal Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.576 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH PARAVUR
/ I ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, NORTH
PARAVUR
PETITIONERS/ACCUSED:
1 NISHAL,
AGED 25 YEARS
S/O: XAVIER P.V., PALLIPARAMBIL HOUSE, KARTHEDOM,
ELAMKUNNAPUZHA, MALIPURAM, KOCHI, ERNAKULAM, KERALA,
PIN - 682511
2 TONY JOSEPH,
AGED 23 YEARS
S/O JOSEPH K.D., KANAPPILLY HOUSE, 273, NARAKKAL,
NJARACKAL P.O., ERNAKULAM, KERALA, PIN - 682505
BY ADV SHRI.AMBADI MURALI
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2025:KER:93959
CRL.MC NO. 6476 OF 2025
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2 THE STATION HOUSE OFFICER,
NJARAKKAL POLICE STATION, VYPIN PO, ERNAKULAM,
KERALA, PIN - 682505
3 M.S. ENOSH,
AGED 24 YEARS
S/O M.X. SEBASTIAN, MAROTIKA PARAMBIL HOUSE,
NARAKAL, ERNAKULAM, KOCHI, KERALA, PIN - 682503
BY ADVS.
SHRI.NEERAJ T.N.
SHRI.NIDHIN K.N.
OTHER PRESENT:
PP.SRI. M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:93959
CRL.MC NO. 6476 OF 2025
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C.S.DIAS, J.
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Crl.M.C. No. 6476 of 2025
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Dated this the 4th day of December, 2025
ORDER
The petitioners are accused Nos.1 and 2 in S.C.No.576 of 2025 on the file of the Additional Sessions Court-II, North Paravur, which originates from Crime No.1526 of 2023 registered by the Njarakkal Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 341, 323, 324, 294(b), 308 and 201 read with Section 34 of the Indian Penal Code.
2. The petitioners have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings in the above case. It is asserted that the dispute that led to the registration of the crime has been amicably settled between the petitioners and the 3 rd 2025:KER:93959 CRL.MC NO. 6476 OF 2025 4 respondent, who has executed Annexure A3 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the 3rd respondent.
4. The learned counsel on either side submits that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The 3 rd respondent has no subsisting grievance and does not wish to pursue the prosecution, and has no objection to the proceedings being quashed.
5. The learned Public Prosecutor, on instructions, submits that the Investigating Officer has reported that the parties have arrived at a genuine and bona fide settlement. The State has no objection to the Criminal Miscellaneous case being allowed.
6. The scope and ambit of the inherent powers of this Court to quash criminal proceedings on the ground 2025:KER:93959 CRL.MC NO. 6476 OF 2025 5 of settlement between the parties have been authoritatively laid down by Hon'ble Supreme Court, in Gian Singh v. State of Punjab [(2012) 10 SCC 303], State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688], Naushey Ali v. State of U.P. [(2025) 4 SCC 78], and in a host of judicial pronouncements. It is held that in cases where the offences are not grave or heinous, and where the parties have amicably settled the dispute, to secure the ends of justice, the High Court may invoke its inherent powers to quash the proceedings, particularly if continuation of the prosecution would serve no fruitful purpose.
7. On an overall consideration of the facts and circumstances of the present case, and the materials on record, I am satisfied that: the offences alleged are not heinous or of a serious nature; no public interest or element of societal concern is involved; the chances of conviction are remote in view of the settlement; and the 2025:KER:93959 CRL.MC NO. 6476 OF 2025 6 continuation of the proceedings would merely burden the judicial process without advancing the cause of justice. Furthermore, the settlement would promote harmony between the parties and restore peace. Hence, this Court is persuaded to hold that this is a fit case to exercise its inherent jurisdiction.
In the result, the Crl. M.C. is allowed. Accordingly, Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in S.C. No. 576 of 2025 of the above court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE dkr 2025:KER:93959 CRL.MC NO. 6476 OF 2025 7 APPENDIX OF CRL.MC NO. 6476 OF 2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 29.12.2023 IN CRIME NO 1526 OF 2023 OF NARAKAL POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 27.04.2024 IN SC NO. 576/ 2025, PENDING ON THE FILES OF HON'BLE ADDITIONAL DISTRICT AND SESSIONS COURT - II, NORTH PARAVUR Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 11/06/2025