[Cites 4, Cited by 0]
Kerala High Court
Santhoshkumar vs State Of Kerala on 17 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:97202
CRL.MC NO. 10420 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA,
1947
CRL.MC NO. 10420 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.2515 OF 2024
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES &
SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 3:
1 SANTHOSHKUMAR,
AGED 45 YEARS
S/O BALAKRISHNAN,VARICKAMACKAL, EDADU, ELAPPALLY,
P.O, IDUKKI DISTRICT, PIN - 685589
2 SUKUMARAN. S N,
AGED 38 YEARS
S/O SREEDHARAN K V,FLAT NO- F 43 R B I STAFF
QUARTERS,NANTHANCODE P.O, THIRUVANANTHAPURAM
DISTRICT, PIN - 695003
3 NANDU I ,
AGED 31 YEARS
S/O INDHU,INDHU BHAVANAM, MUKHATHALA
P.O,THRIKKOVILVATTOM,KOLLAM DISTRICT, PIN - 691577
BY ADVS.
SHRI.JITHIN S.
SMT.TINCY MARIA SCARIA
SHRI.ABHILASH N.
SHRI.DEEPAK G.B.
SHRI.ROLDEX R.
SHRI.HASHMI V.Z.
SHRI.GOUTHAM V.Z.
2025:KER:97202
CRL.MC NO. 10420 OF 2025
2
SHRI.SREEROOP GOVIND
SHRI.GOKUL P.RAJ
RESPONDENTS/COMPLAINANT/ DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER,
MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE,
P.O,THIRUVANANTHAPURAM CITY, PIN - 695011
3 KAVITHA. A,
AGED 46 YEARS
D/O ANNAMMA, NUT SHELL,SNFS 13, SANTHOSH
NAGAR,NEERAMANKARA, PAPPANAMCODU
P.O,THIRUVANANTHAPURAM DISTRICT, PIN - 695018
4 ALAN. K VINCENT,
AGED 20 YEARS
S/O VINCENT, NUT SHELL,SNFS 13, SANTHOSH
NAGAR,NEERAMANKARA, PAPPANAMCODU
P.O,THIRUVANANTHAPURAM DISTRICT, PIN - 695018
5 AKASH B K
AGED 27 YEARS, S/O BALRAJ B K, RESIDING AT 9B,
MUSEUM BEINS COMPOUND, NANTHANCODU P.O,
THIRUVANANTHAPURAM DISTRICT ,PIN-695003[IS
IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED
11.12.2025 INCRL M.A 1/2025 CRL M.C 10420/2025]
BY ADV SMT.ASHIKA JOSHY
SR.PP. SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 10420 OF 2025
3
ORDER
Dated this the 17th day of December, 2025
The petitioners are the accused 1 to 3 in
S.C.No.2515/2024 on the file of the Additional Sessions
Court ( Prevention of Atrocities & Sexual Violence
against Women & Children), Thiruvananthapuram (Trial
Court), which has originated from Crime No.654/2022
registered by the Mannanthala Police Station,
Thiruvananthapuram alleging the commission of the
offences punishable under Sections 294(b), 323 and 506
r/w 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 3 to 5, who have executed Annexures 3, 4
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CRL.MC NO. 10420 OF 2025
and 5 affidavits, affirming the settlement.
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
respondents 3 to 5 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
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CRL.MC NO. 10420 OF 2025
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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CRL.MC NO. 10420 OF 2025
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 S.C No. 2515/2024 of the Trial Court, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
rmm17/12/2025
2025:KER:97202
CRL.MC NO. 10420 OF 2025
APPENDIX OF CRL.MC NO. 10420 OF 2025
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF FIR AND FI STATEMENT IN
CRIME NO. 654/2022 OF THE MANNANTHALA
POLICE STATION, THIRUVANANTHAPURAM CITY
Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 654/2022 OF THE MANNANTHALA
POLICE STATION, THIRUVANANTHAPURAM CITY
Annexure 3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 10.09.2025
Annexure 4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT
DATED 10.09.2025
Annexure 5 THE AFFIDAVIT SWORN BY THE CW3/PARTY
SOUGHT TO BE IMPLEADED AS ADDITIONAL
RESPONDENT NO. 5 DATED 07.12.2025
