[Cites 4, Cited by 0]
Kerala High Court
Muhammad Saheer Anas vs State Of Kerala on 17 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:97188
CRL.MC NO. 5752 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. 5752 OF 2025
CRIME NO.359/2024 OF Kumbla Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.58 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD
PETITIONERS/ACCUSED 1 AND 2:
1 MUHAMMAD SAHEER ANAS,
AGED 20 YEARS
S/O MUHAMMED SHAREEF BAITHUL RAHMA,
GOLIYADUKKAM,NEERCHAL BADIADUKKA , KASARGODE., PIN
- 671551
2 UMARUL FAROOQ,
AGED 20 YEARS
S/O MUHAMMAD M,PALLANGODE HOUSE, MADHUR, KASARGOD.,
PIN - 671124
BY ADVS.
SRI.P.E.SAJAL
SMT.FATHIMA RINSHA T.P.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
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CRL.MC NO. 5752 OF 2025
2
2 STATION HOUSE OFFICER,
KUMBALA POLICE STATION , KASARGOD DISTRICT, PIN -
671321
3 MUNAVVIR,
AGED 18 YEARS
S/O MUHAMMAD ALI, KOLLAKKANDAM HOUSE, MUGU P O,
KASARAGOD DT., PIN - 671321
4 ADDL.R4. RAJALAKSHMI S,
W/O BINU R, MANKOLAYKKAL (H) , IDAMAN, PUNALOOR,
KOLLAM CITY 691305 ( IS IMPLEADED AS ADDITIONAL
RESPONDENT NO.4 VIDE ORDER DTD: 8.12.2025 IN CRL MA
2/2025 IN CRL MC 5752/2025)
BY ADV SHRI.MUHAMMED HISHAM T.
SR.PP. 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:
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ORDER
Dated this the 17th day of December, 2025
The petitioners are the accused 1 and 2 in
C.P.No.58/2024 on the file of the Court of the Judicial
First Class Magistrate-I, Kasaragod ( Trial Court), which
has originated from Crime No.359/2024 registered by
the Kumbla Police Station, Kasaragod alleging the
commission of the offences punishable under Sections
115(2) and 126(2) r/w Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 4 of the Kerala
Prohibition of Ragging Act.
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 and 4, who have executed Annexures A3
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and A4 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 and 4.
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 and 4 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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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 A1 FIR, Annexure A2 final report and all
further proceedings in C.P No. 58/2024 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. 5752 OF 2025
APPENDIX OF CRL.MC NO. 5752 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR NUMBER
359/2024 DATED 24-07-2024 OF KUMBALA
POLICE STATION
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.P
NO.58/2024 ON THE FILES OF THE JUDICIAL
MAGISTRATE COURT-I, KASARGODE
Annexure A3 ORIGINAL OF THE AFFIDAVIT SWORN BY THE
3RD RESPONDENT DATED 19TH DAY OF JUNE
Annexure A4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE
DE-FACTO COMPLAINANT (PROPOSED ADDL. 4TH
RESPONDENT) DATED 04.12.2025
