[Cites 2, Cited by 0]
Kerala High Court
Anudas Panikar vs The State Of Kerala on 18 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:97793
CRL.MC NO. 10975 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. 10975 OF 2025
CRIME NO.707/2022 OF Binanipuram Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.401 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
PETITIONERS/ACCUSED 1 TO 4:
1 ANUDAS PANIKAR,
AGED 38 YEARS
ROHINI NIVAS, KIZHAKKEKKARA, AALA, CHENGANNUR,
ALAPPUZHA, DISTRICT, PIN - 689121
2 ABHI.R.PANIKAR,
AGED 35 YEARS
ROHINI NIVAS, KIZHAKKEKKARA, AALA, CHENGANNUR,
ALAPPUZHA, DISTRICT, PIN - 689121
3 RAMANAN,
AGED 68 YEARS
ROHINI NIVAS, KIZHAKKEKKARA, AALA,CHENGANNUR,
ALAPPUZHA, DISTRICT-689121.
4 BHASURA,
AGED 62 YEARS
W/O RAMANAN, ROHINI NIVAS, KIZHAKKEKKARA AALA,
CHENGNNUUR, ALAPPUZHA, DISTRICT, PIN - 689121
BY ADV SRI.S.SUDHISH KUMAR
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CRL.MC NO. 10975 OF 2025
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RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 LIJI A.S,
AGED 48 YEARS
ALUNGAL HOUSE, MUPPATHADAM P.O, ALUVA, ERNAKULAM
DISTRICT, PIN - 683110
BY ADVS.
SRI.M.P.PRASANTH, PP
SHRI.K.B.DAYAL
SRI.A.RAJASIMHAN
KUM.VYKHARI.K.U
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 10975 OF 2025
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C.S.DIAS, J.
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Crl.M.C. No. 10975 of 2025
-----------------------------------------
Dated this the 18th day of December, 2025
ORDER
The petitioners are accused Nos.1 to 4 in
C.C.No.401 of 2023 on the file of the Court of the Judicial
Magistrate of First Class-II, Aluva ('Trial Court', in short),
which originates from Crime No.707 of 2022 registered by
the Binanipuram Police Station, Ernakulam, alleging the
commission of the offences punishable under Sections 420,
506(i) and 294(b) 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 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 2 nd
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CRL.MC NO. 10975 OF 2025
respondent, who has executed an affidavit dated
13.12.2025, 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 Public Prosecutor, on
instructions, submits that the Investigating Officer has
reported that the petitioners have paid only a portion of the
amount due to the 2nd respondent and the remaining would
be paid on 16.01.2026.
5. The learned counsel appearing for the 2 nd
respondent refutes the above submission and submits that
the 2nd respondent has received the entire amount due from
the petitioners.
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.
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CRL.MC NO. 10975 OF 2025
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.
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CRL.MC NO. 10975 OF 2025
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 Final Report, Annexure A2 FIR and all further
proceedings in C.C.No.401 of 2023 of the Trial Court, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 10975 OF 2025
APPENDIX OF CRL.MC NO. 10975 OF 2025
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FINAL CHARGE DATED
31.03.2023 OF BINANIPURAM POLICE STATION
FILED BEFORE THE JFCM-II, ALUVA ALONG WITH
THE STATEMENTS ETC
Annexure A2 TRUE COPY OF THE FIR OF BINANIPURAM
POLICESTATION DATED 25.10.2022
Annexure A3 TRUE COPY OF THE COMPRASMISE ENTERED
BETWEEN THE PARTIES DATED 10/11/2025,
Annexure A4 TRUE COPY OF THE JUDGMENT IN CRL.MC
8869/2024 DATED 24/10/2024 OF THE HON'BLE
HIGH COURT OF KERALA AT ERNAKULAM
