Kerala High Court
Shamiulla vs State Of Kerala on 3 November, 2025
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 8898 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
CRL.MC NO. 8898 OF 2025
CRIME NO.648/2024 OF Parassala Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.868 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA
PETITIONERS/ACCUSED 1 & 2:
1 SHAMIULLA,
AGED 47 YEARS
S/O ABDUL JABBAR, MMP MANZIL, CHARIVUVILAKATH,
AMARAVILA, CHENKAL VILLAGE, THIRUVANANTHAPURAM, PIN
- 695122
2 ADBUL JABBAR,
AGED 86 YEARS
S/O KUNJIKANNU, MMP MANZIL, CHARIVUVILAKATH,
AMARAVILA, CHENKAL VILLAGE,THIRUVANANTHAPURAM, PIN
- 695122
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
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CRL.MC NO. 8898 OF 2025
2
PARASSALA POLICE STATION, THIRUVANANTHAPURAM, PIN -
695502
3 ASHRAF,
AGED 58 YEARS
S/O MALUKKU MOHAMMED, VIDHUSHAH MAZIL,
CHARIVILAKONAM, AMARAVILA, CHENKAL VILLAGE,
THIRUVANANTHAPURAM, PIN - 695129
BY ADV
SRI.C.S.HRITHWIK, SR.PP
SMT.NEETHU S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 8898 OF 2025
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C.S.DIAS, J.
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Crl.M.C. No. 8898 of 2025
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Dated this the 3rd day of November, 2025
ORDER
The petitioners are accused Nos.1 and 2 in
C.C.No.868 of 2024 on the file of the Court of the Judicial
Magistrate of First Class-II, Neyyattinkara, which has arisen
from Crime No.648 of 2024 registered by the Parassala
Police Station, Thiruvananthapuram, alleging the commission
of the offences punishable under Sections 341, 294(b) and
506 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 3 rd
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CRL.MC NO. 8898 OF 2025
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 3 rd
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 3 rd
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
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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.
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 C.C. No.868 of 2024 on the file of the
above court, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 8898 OF 2025
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF FIR ALONG WITH COMPLAINT
IN CRIME NO.648/2024 OF PARASSALA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT DATED
12.06.2024
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.648/2024 OF PARASSALA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure 3 ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE
3RD RESPONDENT DATED 25.01.2025
