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Kerala High Court
Hamsa.A.K vs State Of Kerala on 10 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:95033
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH AGRAHAYANA, 1947
CRL.MC NO. 10571 OF 2025
CRIME NO.165/2024 OF Bekal Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1351 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONERS/ACCUSED 1 TO 5:
1 HAMSA.A.K,
AGED 33 YEARS
S/O. ABDULLA.A.K, SIVAM, BANDICHAL HOUSE,
KOTTIKULAM VILLAGE, UDMA.P.O,
KASARAGOD DISTRICT, PIN - 671319
2 MUHAMMED.A.K,
AGED 40 YEARS
S/O. ABDULLA.A.K, SIVAM, BANDICHAL HOUSE,
KOTTIKULAM VILLAGE, UDMA.P.O,
KASARAGOD DISTRICT, PIN - 671319
3 ASHRAF.T,
AGED 40 YEARS
S/O. ABDUL REHMAN, ANNAN HOUSE,
KOTTIKULAM VILLAGE,UDMA.P.O,
KASARAGOD DISTRICT, PIN - 671319
4 HARIS ANKAKALARI,
AGED 43 YEARS
S/O. MOOSA.K.P, JM. ROAD, KOTTIKULAM VILLAGE,
UDMA.P.O, KASARAGOD DISTRICT, PIN - 671319
5 BASHEER.K.M,
AGED 38 YEARS
S/O. MOIDU, K.M.HOUSE, THRIKKANNADU,
KOTTIKULAM, KASARAGOD DISTRICT, PIN - 671319
BY ADVS.
SMT.HEMALATHA
SRI.BINU GEORGE
CRL.MC NO. 10571 OF 2025 2
2025:KER:95033
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 ABDUL RAMSHEED,
AGED 26 YEARS
S/O. MUHAMMAD RAFFEEQ, R/AT. GARDEN HOUSE,
KOTTIKULAM, KOTTIKULAM VILLAGE, BAKEL POST,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671318
3 ABDUL NAVAS.K.M,
AGED 27 YEARS
S/O. MUHAMMED KUNHI, R/AT ANGAKALARI HOUSE,
KOTTIKULAM, KOTTIKULAM VILLAGE, BAKEL POST,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671318
4 SHIBIL FAYAS.K.M,
AGED 26 YEARS
S/O. MUHAMMED, R/AT. CONTRACTOR HOUSE,
KOTTIKULAM, KOTTIKULAM VILLAGE, BAKEL POST,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671318
5 SALAVUDHEEN AYOOB.K.A,
AGED 25 YEARS
S/O. BASHEER ABDUL REHMAN, R/AT. FATHIMA MANZIL,
KAPPIL ROAD, PALAKKUNNU, BEKAL POST, KOTTIKULAM
VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN -
671318
6 MUHAMMED THOUFEER.H,
AGED 27 YEARS
S/O. HAMSA, R/AT. PAKYARA, KOTTIKULAM VILLAGE,
BAKEL POST,HOSDURG TALUK,
KASARAGOD DISTRICT, PIN - 671318
BY ADV SRI.KRISHNA KUMAR G.S.
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SMT SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10571 OF 2025 3
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Dated this the 10th day of December, 2025
ORDER
The petitioners are accused Nos. 1 to 5 in C.C.No.
1351/2024 on the file of the Court of the Judicial First
Class Magistrate-II, Hosdurg ('Trial Court', for short),
which has originated from Crime No. 165/2024
registered by the Bekal Police Station, Kasargod District,
alleging the commission of the offences punishable under
Sections 341, 323, 324, 506(i), 448 and 427 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
respondents 2 to 6, who have executed Annexures A4 to
A8 affidavits, affirming the settlement.
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3. I have heard the learned counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned counsel for the respondents 2 to 6.
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
party respondents have no subsisting grievance and do
not wish to pursue the prosecution and have 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
of settlement between the parties have been
authoritatively laid down by the Hon'ble Supreme Court
CRL.MC NO. 10571 OF 2025 5
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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
continuation of the proceedings would merely burden the
judicial process without advancing the cause of justice.
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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
in Crime No. 165/2024 of the Bekal Police Station and all
further proceedings in C.C. No. 1351/2024 of the Trial
Court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
mtk
CRL.MC NO. 10571 OF 2025 7
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APPENDIX OF CRL.MC NO. 10571 OF 2025
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF FIR IN CRIME NO.165/2024 OF
BEKAL POLICE STATION, DATED 27/03/2024
Annexure-A2 A TRUE COPY OF FINAL REPORT IN CRIME NO.
165/2024 OF BEKAL POLICE STATION, DATED
25/05/2024
Annexure-A3 A TRUE COPY OF MEMO OF EVIDENCE IN CRIME
NO. 165/2024 OF BEKAL POLICE STATION
Annexure-A4 ORIGINAL AFFIDAVIT DATED 29.10.2025 SWORN
BY 2 ND RESPONDENT
Annexure-A5 ORIGINAL AFFIDAVIT DATED 29.10.2025 SWORN
BY 3RD RESPONDENT
Annexure-A6 ORIGINAL AFFIDAVIT DATED 29.10.2025 SWORN
BY 4 TH RESPONDENT
Annexure-A7 ORIGINAL AFFIDAVIT DATED 29.10.2025 SWORN
BY 5 TH RESPONDENT
Annexure-A8 ORIGINAL AFFIDAVIT DATED 29.10.2025 SWORN
BY 6 TH RESPONDENT
