[Cites 4, Cited by 0]
Kerala High Court
Amarubin @ Amaru vs State Of Kerala on 15 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:96451
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947
CRL.MC NO. 5840 OF 2025
CRIME NO.116/2024 OF Thrithala Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.745 OF 2024 OF
ADDITIONAL DISTRICT COURT, OTTAPALAM
PETITIONERS/ACCUSED 1 TO 4, 6 AND 7:
1 AMARUBIN @ AMARU,
AGED 29 YEARS
S/O KUNJU MUHAMED, KURUKKAL PARAMBIL HOUSE,
PATTAMBI, NJANGATTIRI P.O.,
PALAKKAD DISTRICT, PIN - 679303
2 BIBIN @ VIBIN,
AGED 24 YEARS
S/O SHIVARAMAN, CHENGADITHODIYIL HOUSE,
PALLIPPURAM P.O., PATTAMBI,
PALAKKAD DISTRITCT, PIN - 679305
3 VISHNU,
AGED 32 YEARS
S/O RAVEENDRAN, AALIKKAPARAMBIL HOUSE,
PATTAMBI, PERIMUDIYOOR P.O.,
PALAKKAD DISTRICT,, PIN - 679303
4 SARATH @ KAMATH,
AGED 27 YEARS
S/O SHIVASHANKARAN, PANTHALLOOR HOUSE,
PATTAMBI, NJANGATTIRI P.O.,
PALAKKAD DISTRICT, PIN - 679303
5 SARATH @ KUTTAN
AGED 32 YEARS
S/O SREENIVASAN, POONCHEERIYIL HOUSE,
PATTAMBI, PERUMUDIYUR P.O.,
PALAKKAD DISTRICT, PIN - 679303
6 ABHIJIT
AGED 22 YEARS
S/O GIREESH, CHENNIYAR KUNNATH HOUSE,
CRL.MC NO. 5840 OF 2025 2
2025:KER:96451
VATTOLI, NELLIKKATTIRI P.O.,
PALAKKAD DISTRICT, PIN - 679303
BY ADV SHRI.ALWIN JOSEPH
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
THRITHALA POLICE STATION,
PALAKKAD DISTRICT, PIN - 679534
3 HARILAL
AGED 24 YEARS
S/O VELAYUDHAN, ULLAMBIL PARAMBIL HOUSE,
THRITHALA, PATTAMBI TALUK, KANNANNOOR P.O
PALAKKAD DISTRICT, PIN - 678702
4 VISHNU LAL
AGED 27 YEARS
S/O VELAYUDHAN, ULLAMBIL PARAMBIL HOUSE,
THRITHALA, PATTAMBI TALUK, KANNANNOOR P.O
PALAKKAD DISTRICT, PIN - 678702
5 MANEESH,
AGED 24 YEARS
S/O MADHAVAN, PILLAKKATTIL HOUSE,
THRITHALA, PATTAMBI TALUK, KANNANNOOR P.O
PALAKKAD DISTRICT, PIN - 678702
BY ADVS.
SRI.P.MOHAMED SABAH
SMT.SAIPOOJA
OTHER PRESENT:
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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2025:KER:96451
Dated this the 15th day of December, 2025
ORDER
The petitioners are the accused 1 to 4, 6 and 7 in
S.C. No. 745/2024 on the file of the Additional Sessions
Court, Ottapalam ('Trial Court', for short), which has
originated from Crime No. 116/2024 registered by the
Thrithala Police Station, Palakkad District, alleging the
commission of the offences punishable under Sections
143, 147, 148, 341, 323, 324 and 308 read with Section
149 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 3 to 5, who have executed Annexures 3 joint
affidavit, 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 3 to 5.
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. However, he submits that the fourth
petitioner (fourth accused) is a habitual offender since he
is involved in seven other crimes, and proceedings under
the KAAPA Act has been initiated against him.
Therefore, the State has objection IN the proceedings
being quashed as against the fourth petitioner but has no
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objection in respect of the other petitioners.
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
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. However, in
Laxmi Narayan's case, it is held that if a person has
criminal antecedents, this Court shall not exercise its
inherent powers.
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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.
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 partly-allowed.
Accordingly, Annexure 1 FIR, Annexure 2 Final Report in
Crime No. 116/2024 of the Thrithala Police Station and
all further proceedings in S.C. No. 745/2024 of the Trial
Court, as against the petitioners 1 to 3, 5 and 6 (accused
1 to 3, 6 and 7), are hereby quashed. The Crl.M.C. in
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respect of the fourth petitioner (fourth accused) is
hereby dismissed.
Sd/-
C.S.DIAS, JUDGE
mtk
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APPENDIX OF CRL.MC NO. 5840 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
AND FIS IN CRIME NO. 116/2024 OF
THRITHALA POLICE STATION, PALAKKAD
DISTRICT
Annexure 2 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 116/2024 OF THRITHALA POLICE STATION,
PALAKKAD DISTRICT
Annexure 3 THE ORIGINAL OF THE AFFIDAVIT DATED
TO 5
