Kerala High Court
Hejin Johny vs State Of Kerala on 18 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 11038 OF 2025
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2025:KER:97732
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
CRL.MC NO. 11038 OF 2025
CRIME NO.620/2025 OF Kanjiramkulam Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.707 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA
PETITIONER/S:
1 HEJIN JOHNY,
AGED 25 YEARS
S/O JOHNY, JH HOUSE, CHEKKITTA VILAKAM, KARUMKULAM
VILLAGE, PUTHIYATHURA, THIRUVANANTHAPURAM, PIN - 695526
2 SAJU S.U.,
AGED 21 YEARS
S/O XAVIER, URIYARIKKUNNU HOUSE, KARUMKULAM VILLAGE,
PUTHIYATHURA, THIRUVANANTHAPURAM, PIN - 695526
BY ADV SMT.SREELAKSHMI SABU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 IMMANUVEL CLEETUS,
AGED 24 YEARS
S/O PUSHPAM CLEETUS, SRUTHILAYAM HOUSE, NEAR JSAC
VAYANASALA, PUTHIYATHURA, KARAMKULAM,
THIRUVANANTHAPURAM, PIN - 695526
BY ADV SRI.P.K.SUBHASH
CRL.MC NO. 11038 OF 2025
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2025:KER:97732
OTHER PRESENT:
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 11038 OF 2025
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C.S.DIAS, J.
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Crl.M.C. No. 11038 OF 2025
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Dated this the 18th day of December, 2025
ORDER
The petitioners are the accused 1 and 2 in CC No.707/2025 on the file of the Court of the Judicial First Class Magistrate-III, Neyyattinkara, which has originated from Crime No.620/2025 registered by the Kanjiramkulam Police Station, Thiruvananthapuram, alleging the commission of the offences punishable under Sections 296(b), 126(1), 115(2) and 118(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. The petitioners have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Surksha Sanhita, 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 2nd CRL.MC NO. 11038 OF 2025 4 2025:KER:97732 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 2nd 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 2nd 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.
CRL.MC NO. 11038 OF 2025 5 2025:KER:97732
6. The scope and ambit of the inherent powers of this Court to quash criminal proceedings on the ground 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 CRL.MC NO. 11038 OF 2025 6 2025:KER:97732 element of societal concern is involved; the chances of conviction are remote in view of the settlement; and the 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, Annexures A1 FIR, A2 final report and all further proceedings in CC No.707/2025 on the file of the Court of the Judicial First Class Magistrate-III, Neyyattinkara, as against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE rkc/18.12.25 CRL.MC NO. 11038 OF 2025 7 2025:KER:97732 APPENDIX OF CRL.MC NO. 11038 OF 2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR & FIS IN CRIME NO.
620/2025 OF KANJIRANKULAM POLICE STATION DATED 20.5.2025.
Annexure A2 CERTIFIED COPY OF FINAL REPORT FILED BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE COURT - III, NEYYATTINKARA AS CC NO. 707 OF 2025 DATED 30.5.2025.
Annexure A3 THE AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT DATED 27.8.2025.