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Kerala High Court
Sreelal K S,S/O Muralidharan vs State Of Kerala on 18 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 10412 OF 2025
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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. 10412 OF 2025
CRIME NO.422/2021 OF Vattappara Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1057 OF 2022 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, NEDUMANGAD
PETITIONER/S:
1 SREELAL K S,S/O MURALIDHARAN,
AGED 36 YEARS
V M NIVAS,CHIRA MUKK,THEKKADA VILLAGE,
THIRUVANANTHAPURAMKERALA, PIN - 695615
2 SHANAD,
AGED 38 YEARS
S/O ABDUL ASEES,RESIDING AT RENTED HOUSE ASHKAR MANZIL
CHIRAMUKKU BENGLAVU VILAYIL MAZHUPADI MURI, THEKKADA
VILLAGE THIRUVANANTHAPURAM , KERALA, PIN - 695615
3 SUDHEER,
AGED 44 YEARS
S/O MUHAMMED JALAL,RESIDING NEAR NARIKKAL ROAD
CHELLAMKODE MURIYIL VATTAPARA VILLAGE
THIRUVANANTHAPURAM , KERALA, PIN - 695615
4 PRASAD,
AGED 46 YEARS
S/O SHEKHARAN NAIR,ANAGHA BHAVAN, KAIPATHIN MOOLA
CHIRAMUKKU,THEKKADA VILLAGE THIRUVANANTHAPURAM ,
KERALA, PIN - 695615
5 SUJITH,
AGED 38 YEARS
S/O SURENDRAN, SUDHA BHAVAN , PLACHIKUZHI CHIRAMUKK,
THEKKADA VILLAGE THIRUVANANTHAPURAM KERALA, PIN -
695615
CRL.MC NO. 10412 OF 2025
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BY ADVS.
SHRI.SREEHARI INDUKALADHARAN
SMT.M.S.SOUJATH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 MUHAMMED RASHID,
AGED 27 YEARS
S/O SHAJAHAN, CHIRAKKARA VEEDU KIZHAKKEKONAM ,
POOVATHOOR, NEDUMANGADU , VATTAPPARA
THIRUVANANTHAPURAM, PIN - 695028
3 STATION HOUSE OFFICER,
VATTAPARA POLICE STATION,THIRUVANANTHAPURAM, PIN -
695028
BY ADV SMT.M.S.SOUJATH
OTHER PRESENT:
SR.PP.SMT.SEETHA S
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. 10412 OF 2025
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No. 10412 OF 2025
--------------------------------------------
Dated this the 18th day of December, 2025
ORDER
The petitioners are the accused in SC
No.1057/2022 on the file of the Assistant Sessions Court,
Nedumangad, which has originated from Crime
No.422/2021 registered by the Vattappara Police Station,
Thiruvananthapuram, alleging the commission of the
offences punishable under Sections 294(b), 323, 324, 341
and 308 read with 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 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
respondent, who has executed Annexure-AIII affidavit,
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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.
6. The scope and ambit of the inherent powers of this
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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
element of societal concern is involved; the chances of
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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 AI FIR, AII final report and all further
proceedings in SC No.1057/2022 on the file of the
Assistant Sessions Court, Nedumangad, 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. 10412 OF 2025
PETITIONER ANNEXURES
Annexure AI CERTIFIED COPY OF THE FIR REGISTERED IN CRIME
NO.422 OF 2021 DATED 15/03/2012 VATAPPARA
POLICE STATION, THIRUVANANTHAPURAM
Annexure A II CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.422 OF 2021 DATED 26/04/2021 VATAPPARA
POLICE STATION, THIRUVANANTHAPURAM
Annexure A III TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
RESPONDENTS NO: 2 ENDORSING THE FACTUM OF
COMPOUNDING OF THE SAID OFFENCES AND THE
SETTLEMENT OF THE DISPUTES
