[Cites 3, Cited by 0]
Kerala High Court
Bharath S Chand vs State Of Kerala on 17 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:97301
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. 11142 OF 2025
CRIME NO.1259/2024 OF Kottayam West Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.507 OF 2024 OF
JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM
PETITIONERS/ACCUSED:
1 BHARATH S CHAND,
AGED 22 YEARS
KAIRALI, PUNNAPRA NORTH P.O.
PARAVOOR, ALAPPUZHA, KERALA, PIN - 688014
2 AFSAL MOHAMMED,
AGED 21 YEARS
PUTHUVALIL HOUSE, VEMBAYAM,
THEAKADA, THIRUVANANTHAPURAM,
KERALA, PIN - 695615
3 DANIEL THOMAS,
AGED 23 YEARS
VAALAYIL BERACAH BHAVAN, ANAPRAMPAL,
SOUTH P.O, THALAVADY, ALAPPUZHA,
KERALA, PIN - 689572
4 AMAL MUHAMMED KA ,
AGED 22 YEARS
KANIYAMPALLIL, PERUMBAIKKADU VILLAGE, KUMARANALLOOR
P.O., ETTUMANOOR,
KOTTAYAM, KERALA, PIN - 686016
5 HENRY BABU ,
AGED 23 YEARS
THARAYIL, PULIYANNOOR P.O., PALA,
KOTTAYAM, KERALA, PIN - 686573
6 ABIN C VARGHESE THOMAS,
AGED 23 YEARS
CHAMAKALAYIL, KANGAZHA PATHANADU,
KANGAZHA P.O. KOTTAYAM, KERALA, PIN - 686541
7 SARANNATH K S,
AGED 21 YEARS
KOZHIKKATTIL HOUSE, PLACKALPADY,
EDAYARICKAPUZHA P.O., KOTTAYAM,
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KERALA, PIN - 686541
8 SARANG P S ,
AGED 24 YEARS
NIKARTHIL, CMC NINE, CHERTHALA P.O.,
CHERTHALA NORTH (PART), ALAPPUZHA,
KERALA, PIN - 688524
BY ADV SMT.MERIN JOSE
RESPONDENTS/STATE/DEFACTO COMPLAINANT AND INJURED WITNESS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 MUHAMMED RISWAN A,
AGED 25 YEARS
SANTHOSH QUARTERS, NANGARATH PEEDIKA, TEMPLE GATE P.O.
KANNUR, KERALA, PIN - 670102
3 FAHAD RAHIM,
AGED 20 YEARS
VETTICKAL, NADACKAL P.O., ERATTUPETTA, KOTTAYAM,
KERALA, PIN - 686121
BY ADV SHRI.MELVIN CHERRY SAM
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.11142 OF 2025 3
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Dated this the 17th day of December, 2025
ORDER
The petitioners are the accused in C.C.No. 507/2024
on the file of the Court of the Judicial First Class
Magistrate-III, Kottayam ('Trial Court', for short), which
has originated from Crime No. 1259/2024 registered by
the Kottayam West Police Station, alleging the
commission of the offences punishable under Sections
296(b), 115(2) and 351(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 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 and 3, who have executed Annexures A2
and A3 affidavits, 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 2 and 3.
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. 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 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],
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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
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
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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 and Final Report in Crime
No. 1259/2024 of the Kottayam West Police Station and
all further proceedings in C.C. No. 507/2024 of the Trial
Court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
mtk/
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APPENDIX OF CRL.MC NO. 11142 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE FIR IN CRIME NO. 1259/2024 OF
KOTTAYAM WEST POLICE STATION DATED 03-08-
2024 AND THE FINAL REPORT DATED 24-08-
2024 WITH EVIDENCE STATEMENT AND
DOCUMENTS.
Annexure A2 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 01-12-2025
Annexure A3 AFFIDAVIT FILED BY THE 3RD RESPONDENT
DATED 01-12-2025
