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Kerala High Court
Titto Paul vs State Of Kerala on 2 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 10475 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 2ND DAY OF DECEMBER 2025 / 11TH AGRAHAYANA, 1947
CRL.MC NO. 10475 OF 2025
CRIME NO.1220/2024 OF Ettumanoor Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1056 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR
PETITIONER/S:
1 TITTO PAUL
AGED 39 YEARS
S/O PAUL, THEKKUMPEEDIKA HOUSE, MANNUTHY P.O, NEAR JAYA
THEATRE, MADAKKATHARA, THRISSUR, PIN - 680651
2 JERLIT C.O
AGED 30 YEARS
S/O OUSEP, CHIRAYATH HOUSE, CANALPALAM, MANALITHARA
P.O, KARUMATHARA P.O, THRISSUR, PIN - 680589
3 ASWIN P.S
AGED 30 YEARS
S/O SUDEVAN, PADINJARKARA HOUSE, CHERUTHURUTHI,
THRISSUR, PIN - 679531
4 NIMESH P.C
AGED 41 YEARS
S/O P.K CHANDRAN, PANGIL HOUSE, ANJUR, THRISSUR,
KERALA, PIN - 680546
BY ADVS.
SRI.C.DHEERAJ RAJAN
SHRI.ANAND KALYANAKRISHNAN
SHRI.LIBIN VARGHESE
RESPONDENT/S:
CRL.MC NO. 10475 OF 2025
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1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 ANEESH
AGED 39 YEARS
S/O BABY, MANGATTU THUNDATHIL HOUSE, KALLAM BHAGAM,
TEEKOY VILLAGE, TEEKOY P.O, KOTTAYAM DISTRICT, PIN -
686580
BY ADV SHRI.ABRAHAM MATHAN
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10475 OF 2025
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C.S.DIAS, J.
---------------------------------------
Crl.M.C. No. 10475 OF 2025
-----------------------------------------
Dated this the 2nd day of December, 2025
ORDER
The petitioners are the accused 1 to 4 in
C.C.No.1056/2024 on the file of the Court of the Judicial
First Class Magistrate-I, Ettumanoor, which originates
from Crime No.1220/2024, registered by the Ettumanoor
Police Station, Kottayam, alleging the commission of the
offences punishable under Sections 126(2), 296 and
115(2) 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
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respondent, who has executed Annexure-3 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.
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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-1 FIR, Annexure-2 final report and all further
proceedings in C.C.No.1056/2024 on the file of the Court
of the Judicial First Class Magistrate-I, Ettumanoor as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/02.12.25
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APPENDIX OF CRL.MC NO. 10475 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 31.08.2024 IN CRIME NO. 1220/2024 OF
ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT
Annexure 2 THE TRUE COPY OF THE FINAL REPORT DATED
10.09.2024 SUBMITTED BY THE POLICE IN CRIME
NO. 1220/2024 OF ETTUMANOOR POLICE STATION
Annexure 3 THE TRUE COPY OF THE AFFIDAVIT DATED
13.11.2025 EVIDENCING THE FACTUM OF
SETTLEMENT BETWEEN THE PETITIONERS AND THE
2ND RESPONDENT
