[Cites 4, Cited by 0]
Kerala High Court
Muhammed Mishal P vs State Of Kerala on 17 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:97209
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. 11230 OF 2025
CRIME NO.195/2024 OF Gandhinagar Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.45 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE),KOTTAYAM
PETITIONERS/ACCUSED 1 TO 10:
1 MUHAMMED MISHAL P
AGED 23 YEARS
PULIKKATH HOUSE, MAMPATTUMOOLA,
CHEKKODE, MALAPPURAM, KERALA, PIN - 679332
2 VISHNUSHANKAR V S
AGED 22 YEARS
VALLIYIL BHAVANAM, VALLICHIRA,
VALLICHIRA, KOTTAYAM, KERALA, PIN - 686574
3 T S FAIZAL SHUKOOR
AGED 21 YEARS
THATTAMPARAMBIL HOUSE, NACKADAL P.O.
ERATTUPETTA, KOTTAYAM, KERALA, PIN - 686121
4 MUHAMMED ADHIL
AGED 21 YEARS
PUTHUPARAMBIL HOUSE, THEKKEKARA
ARUVITHURA PO, ERATTUPETTA 2, MEENACHIL,
KOTTAYAM, KERALA, PIN - 686122
5 FAHAD RAHIM
AGED 20 YEARS
VETTICKAL, NADACKAL P O, ERATTUPETTA S.O,
KOTTAYAM, PIN - 686121
6 MUHAMMED RISWAN A
AGED 25 YEARS
BAITHUL SUHURAB HOUSE, SOUTH KARIYAD P.O.
PERINGATHOOR VILLAGE, PANOOR,
KANNUR, PIN - 673316
7 MOHAMMED SHAFEEK
AGED 24 YEARS
MAPPILANDIYIL, VALAYANNOOR,
KUTTIADY, KOZHIKODE, PIN - 673508
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8 MUHAMMED NIHAL V
AGED 23 YEARS
VALAPPAN HOUSE, KODANCHERIKKUNNU,
VENGAPALLY PO. PINANGODE, WAYANAD,
KERALA, PIN - 673122
9 ALAN B
AGED 23 YEARS
PALACKATHADATHIL HOUSE, KOOKKALAR,
UDUMBANCHOLA, IDUKKI, KERALA, PIN - 685554
0 SAHAL
AGED 24 YEARS
VADAKKOTTUM PARAMBATH HOUSE,
OORATHIL BHAGOM, VADAKARA, KOZHIKODE, PIN - 673101
BY ADVS.
SHRI.MELVIN CHERRY SAM
SHRI.JIBIN JOJI
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 ALBIN AUGUSTINE
AGED 27 YEARS
VELLARICKAL, PUTHUPPALLY PO. RUBBER BOARD,
KOTTAYAM, PIN - 686009
BY ADV SMT.MERIN JOSE
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- 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:
CRL.MC NO. 11230 OF 2025 3
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Dated this the 17th day of December, 2025
ORDER
The petitioners are accused Nos. 1 to 10 in C.C.No.
45/2024 on the file of the Court of the Judicial First Class
Magistrate-II (Mobile), Kottayam ('Trial Court', for
short), which has originated from Crime No. 195/2024
registered by the Gandhi Nagar Police Station,
Kottayam District, alleging the commission of the
offences punishable under Sections 143, 147, 148, 323,
324, 341 and 506(I) 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
second respondent, who has executed Annexure A3
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 second 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
party 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
of settlement between the parties have been
authoritatively laid down by the Hon'ble Supreme Court
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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
continuation of the proceedings would merely burden the
judicial process without advancing the cause of justice.
Furthermore, the settlement would promote harmony
CRL.MC NO. 11230 OF 2025 6
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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
in Crime No. 195/2024 of the Gandhi Nagar Police
Station and all further proceedings in C.C. No. 45/2024
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. 11230 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO. 195/2024 OF GANDHINAGAR POLICE
STATION KOTTAYAM DATED 14-02-2024 ALONG
WITH FIS, WITNESS' STATEMENTS AND ALL
DOCUMENTS
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 27-04-2024
Annexure A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 03-12-2025
