[Cites 4, Cited by 0]
Kerala High Court
Libin Thampi vs State Of Kerala on 10 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 9206 OF 2025
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2025:KER:95319
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. 9206 OF 2025
CRIME NO.925/2023 OF Nadakkavu Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1007 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE
PETITIONER/S:
LIBIN THAMPI,
AGED 39 YEARS
S/O. S.S. THAMPI, HOUSE NO. 12/2A, SARAL VILLA VEEDU,
KARUKUTTY P.O.,ERNAKULAM DISTRICT, PIN - 683576
BY ADV SMT.BOBBY RAPHEAL.C
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 KAVYA,
AGED 30 YEARS
W/O. SAKTHI PRASAD, THARAPARAMBIL VEEDU, B.G. ROAD,
WEST HILL P.O., KOZHIKODE, PIN - 673005
*3 SAKTHI PRASAD,
S/O . SURESHKUMAR, THARAPARAMBIL VEEDU, B.G. ROAD, WEST
HILL P.O., KOZHIKODE IS IMPLEADED AS THE ADDITIONAL 3RD
RESPONDENT AS PER ORDER DATED 10.12.2025 IN CRL.MA
NO.2/2025.
BY ADV SMT.MEGHA K.XAVIER
OTHER PRESENT:
CRL.MC NO. 9206 OF 2025
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PP SRI M P PRASANTH
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. 9206 OF 2025
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No.9206 OF 2025
--------------------------------------------
Dated this the 10th day of December, 2025
ORDER
The petitioner is the accused in CC No.1007/2023
on the file of the Court of the Judicial First Class
Magistrate Court-IV, Kozhikode, which has originated
from Crime No.925/2023, registered by the Nadakkavu
Police Station, Kozhikode, alleging commission of the
offence punishable under Section 420 of the Indian Penal
Code.
2. The petitioner has 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 petitioner and the respondents 2 and 3. The
2nd respondent has executed Annexure A3 affidavit and the
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3rd respondent has sent an email to the Investigating
Officer affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 and 3.
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
respondents 2 and 3 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.
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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
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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,
Annexure A1 FIR, Annexure A2 final report and all further
proceedings in CC No.1007/2023 on the file of the Court of
the Judicial First Class Magistrate Court-IV, Kozhikode, as
against the petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/10.12.25
CRL.MC NO. 9206 OF 2025
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APPENDIX OF CRL.MC NO. 9206 OF 2025
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR & FIS IN CRIME NO.
925/2023 OF NADAKKAVU POLICE STATION,
KOZHIKODE DISTRICT DATED 7/8/2023
Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C.
NO. 1007/2023 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT IV, KOZHIKODE DATED
26/9/2023
Annexure A3 AFFIDAVIT DATED 9/10/2025 SWORN BY THE 2ND
RESPONDENT
