[Cites 4, Cited by 0]
Kerala High Court
Stanly K J vs State Of Kerala on 17 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:97204
CRL.MC NO. 10026 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. 10026 OF 2025
CRIME NO.126/2022 OF Mulavukad Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.127 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST
WOMEN & CHILDREN), ERNAKULAM
PETITIONER/ACCUSED NO. 1 TO 4:
1 STANLY K J ,
AGED 63 YEARS
S/O K P JOHN, KALLUVEETTIL HOUSE, VALLARPADAM,
MULAVUKAD P.O, ERNAKULAM, PIN - 682504
2 ANTANY STANLY K J,
AGED 31 YEARS
S/O STANLY K J, KALLUVEETTIL HOUSE,VALLARPADAM,
MULAVUKAD P.O, ERNAKULAM, PIN - 682504
3 MOSES STANLY K J,
AGED 29 YEARS
S/O STANLY K J, KALLUVEETTIL HOUSE,VALLARPADAM,
MULAVUKAD P.O, ERNAKULAM, PIN - 682504
4 IMMANUEL STANLY K J ,
AGED 32 YEARS
S/O STANLY K J, KALLUVEETTIL HOUSE,VALLARPADAM,
MULAVUKAD P.O, ERNAKULAM, PIN - 682504
BY ADVS.
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CRL.MC NO. 10026 OF 2025
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SRI.D.FEROZE
SMT.JANET VARGHESE
SHRI.ADARSH A.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, (CRIME NO. 126/2022 OF MULAVUKAD
POLICE STATION, ERNAKULAM), PIN - 682031
2 JOHN P R,
AGED 70 YEARS
S/O RAPHEL, PALLIKYA VEETTIL, VALLARPADAM, WEST SIDE
OF VALLARPADAM CHURCH, MULAVUKAD,ERNAKULAM, PIN -
682504
3 ASHIK,
AGED 29 YEARS
S/O JOHN, PALLIKYA VEETTIL, VALLARPADAM, WEST SIDE
OF VALLARPADAM CHURCH, MULAVUKAD, ERNAKULAM, PIN -
682504
4 SHARON ,
AGED 26 YEARS
S/O JOHN, PALLIKYA VEETTIL, VALLARPADAM, WEST SIDE
OF VALLARPADAM CHURCH, MULAVUKAD, ERNAKULAM, PIN -
682504
5 ANTONY WILSON,
AGED 47 YEARS
S/O JOSEPH, PALLIKYA VEETTIL, VALLARPADAM, WEST SIDE
OF VALLARPADAM CHURCH, MULAVUKAD, ERNAKULAM, PIN -
682504
BY ADVS.
SHRI.SHERRY J. THOMAS
SRI.P.J.UNNIKRISHNAN
SRI.RENISH RAVEENDRAN
SRI.JOEMON ANTONY
SHRI.ANTONY NILTON REMELO
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CRL.MC NO. 10026 OF 2025
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SMT.ANJANA P.V.
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. 10026 OF 2025
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ORDER
Dated this the 17th day of December, 2025
The petitioners are the accused 1 to 4 in
S.C.No.127/2023 on the file of the Additional Sessions
Court ( for trial of cases relating to Atrocities and Sexual
Violence against Women and Children), Ernakulam (Trial
Court), which has originated from Crime No.126/2022
registered by the Mulavukad Police Station, Ernakulam
alleging the commission of the offences punishable under
Sections 323, 324, 308 and 427 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 2 to 5, who have executed Annexures 3 to
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Annexure 6 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 2 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 2 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. 10026 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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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.127/2023 of the Trial Court, as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm17/12/2025
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CRL.MC NO. 10026 OF 2025
APPENDIX OF CRL.MC NO. 10026 OF 2025
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO. 126 OF 2022 OF MULAVUKAD POLICE
STATION
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN S C
NO: 127 OF 2023 BEFORE THE ADDITIONAL
DISTRICT AND SESSIONS COURT( FOR THE TRIAL
OF CASES RELATING TO ATROCITIES AND SEXUAL
VIOLENCE AGAINST WOMEN AND CHILDREN),
ERNAKULAM
Annexure 3 TRUE COPY OF THE AFFIDAVIT DATED
22.10.2025 SWORN BY THE 2ND RESPONDENT
Annexure 4 TRUE COPY OF THE AFFIDAVIT DATED
22.10.2025 SWORN BY THE 3RD RESPONDENT
Annexure 5 TRUE COPY OF THE AFFIDAVIT DATED
22.10.2025 SWORN BY THE 4TH RESPONDENT
Annexure 6 TRUE COPY OF THE AFFIDAVIT DATED
22.10.2025 SWORN BY THE 5TH RESPONDENT
