[Cites 5, Cited by 0]
Kerala High Court
Jeril , S/O Jose vs State Of Kerala on 19 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 3514 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 19TH DAY OF DECEMBER 2025 / 28TH AGRAHAYANA, 1947
CRL.MC NO. 3514 OF 2025
CRIME NO.189/2018 OF Kanjikuzhy Police Station, Idukki
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.445 OF 2019 OF
DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, THODUPUZHA
PETITIONERS/ACCUSED 3 & 4:
1 JERIL , S/O JOSE,
AGED 31 YEARS
ATTUPURATH HOUSE, MAILAPPUZHA BHAGOM,
PAZHAYARIKANDOM, KANJIKKUZHY VILLAGE, IDUKKI
DISTRICT, PIN - 685607
2 RAJEEV, S/O REJI,
AGED 31 YEARS
PANYAMPATHALIL HOUSE, PAZHAYARIKANDOM, KANJIKKUZHY
VILLAGE, IDUKKI DISTRICT, PIN - 685607
BY ADVS.
SRI.BASIL CHANDY VAVACHAN
SMT.CHARUTHA BHAIJU
SMT.CHANDHANA BHAIJU
SMT.FATHIM NAVAS
SHRI.BASIL SAJAN
SMT.KAVYA RANI JAYAPRAKASH
SMT.LEKSHMI PRIYA V.
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2
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 VINCENT @ BINU,
AGED 45 YEARS
VAZHAMATTATHIL HOUSE, OOMMAN CHANDY COLONY BHAGOM,
AALPPARA, KANJIKUZHY VILLAGE, IDUKKI DISTRICT., PIN
- 685602
BY ADV SHRI.MUHAMMED SHUHAIB A.S.
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.S.DIAS, J.
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Crl.M.C. No. 3514 of 2025
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Dated this the 19th day of December, 2025
ORDER
The petitioners are accused Nos.3 and 4 in
S.C.No.445 of 2019 on the file of the Court of Sessions,
Thodupuzha ('Trial Court', in short), which originates from
Crime No.189 of 2018 registered by the Kanjikuzhy Police
Station, alleging the commission of the offences
punishable under Sections 451, 323, 506(i), 427, 143, 144,
147 and 148 read with Section 149 of the Indian Penal
Code and Section 3(2)(va) of the SC/ST Prevention of
Atrocities 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
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been amicably settled between the petitioners and the 2 nd
respondent, who has executed Annexure-3 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 2 nd
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
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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
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,
Annexure-1 FIR, Annexure-2 Final Report and all further
proceedings in S.C.No.445 of 2019 of the Trial Court, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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APPENDIX OF CRL.MC NO. 3514 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF FIR IN CRIME NO.
189/2018 OF KANJIKKUZHI POLICE STATION.
Annexure 2 THE CERTIFIED COPY OF FINAL REPORT IN S.C
NO. 445/2019 OF DISTRICT AND SESSIONS
COURT AND SPECIAL COURT OF SC-ST
PREVENTION OF ATROCITIES ACT, THODUPUZHA
IN CONNECTION WITH CRIME NO. 189/2018 OF
KANJIKUZHY POLICE STATION, IDUKKI DISTRICT
Annexure 3 THE ORIGINAL OF AFFIDAVIT OF THE DE-FACTO
COMPLAINANT
