[Cites 3, Cited by 0]
Kerala High Court
Hejin Johny vs State Of Kerala on 18 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 11038 OF 2025
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2025:KER:97732
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
CRL.MC NO. 11038 OF 2025
CRIME NO.620/2025 OF Kanjiramkulam Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.707 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA
PETITIONER/S:
1 HEJIN JOHNY,
AGED 25 YEARS
S/O JOHNY, JH HOUSE, CHEKKITTA VILAKAM, KARUMKULAM
VILLAGE, PUTHIYATHURA, THIRUVANANTHAPURAM, PIN - 695526
2 SAJU S.U.,
AGED 21 YEARS
S/O XAVIER, URIYARIKKUNNU HOUSE, KARUMKULAM VILLAGE,
PUTHIYATHURA, THIRUVANANTHAPURAM, PIN - 695526
BY ADV SMT.SREELAKSHMI SABU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 IMMANUVEL CLEETUS,
AGED 24 YEARS
S/O PUSHPAM CLEETUS, SRUTHILAYAM HOUSE, NEAR JSAC
VAYANASALA, PUTHIYATHURA, KARAMKULAM,
THIRUVANANTHAPURAM, PIN - 695526
BY ADV SRI.P.K.SUBHASH
CRL.MC NO. 11038 OF 2025
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OTHER PRESENT:
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 11038 OF 2025
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No. 11038 OF 2025
--------------------------------------------
Dated this the 18th day of December, 2025
ORDER
The petitioners are the accused 1 and 2 in CC
No.707/2025 on the file of the Court of the Judicial First
Class Magistrate-III, Neyyattinkara, which has originated
from Crime No.620/2025 registered by the Kanjiramkulam
Police Station, Thiruvananthapuram, alleging the
commission of the offences punishable under Sections
296(b), 126(1), 115(2) and 118(1) 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 Surksha Sanhita, 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 2nd
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respondent, who has executed Annexure-A3 affidavit,
affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 2nd 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 2nd
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.
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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 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
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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
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,
Annexures A1 FIR, A2 final report and all further
proceedings in CC No.707/2025 on the file of the Court of
the Judicial First Class Magistrate-III, Neyyattinkara, as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/18.12.25
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APPENDIX OF CRL.MC NO. 11038 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR & FIS IN CRIME NO.
620/2025 OF KANJIRANKULAM POLICE STATION
DATED 20.5.2025.
Annexure A2 CERTIFIED COPY OF FINAL REPORT FILED BEFORE
THE JUDICIAL FIRST-CLASS MAGISTRATE COURT -
III, NEYYATTINKARA AS CC NO. 707 OF 2025
DATED 30.5.2025.
Annexure A3 THE AFFIDAVIT DULY SIGNED BY THE 2ND
RESPONDENT DATED 27.8.2025.
