[Cites 4, Cited by 0]
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
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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:
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C.S.DIAS, J.
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Crl.M.C. No. 6476 of 2025
-----------------------------------------
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
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CRL.MC NO. 6476 OF 2025
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
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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
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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
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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
