Kerala High Court
Shahanas vs State Of Kerala on 4 November, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:83278
CRL.MC NO. 9310 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
CRL.MC NO. 9310 OF 2025
CRIME NO.286/2025 OF Chathannoor Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.187 OF 2025 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR
PETITIONERS/ACCUSED 1 TO 3:
1 SHAHANAS,
AGED 20 YEARS
S/O SHANAVAS, SHAHNA MANZIL, VELICHIKKALA,
ADICHANALLOOR, CHATHANUR, KOLLAM, KERALA., PIN -
691573
2 RAHUL RAJ,
AGED 21 YEARS
S/O RAJENDRAN, SUNDARAN VEEDU, ARUNOOTTIMANGALAM,
MOONNAMKUTTY, CHATHANNUR, KOLLAM, KERALA, PIN -
690503
3 SAIDALI SHIHAB,
AGED 21 YEARS
S/O SHIHAB, THODIYIL THEKKATHIL, VALATHUNGAL,
MAYANAD, KOLLAM, KERALA., PIN - 691011
BY ADV SHRI.AJITH M. JIJI
RESPONDENTS/STATE, DEFACTO COMPLAINANT & VICTIM:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM, PIN - 682031
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CRL.MC NO. 9310 OF 2025
2
2 ABHIJITH RAJ,
AGED 22 YEARS
S/O RAJU, BEENA BHAVAN, PULIKKUZHI, VELAMANOOR,
PARIPALLY, KOLLAM, KERALA ., PIN - 691574
BY ADV
SRI.C.S.HRITHWIK, SR.PP
SHRI.KRISHNANUNNI G.B.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 9310 OF 2025
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C.S.DIAS, J.
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Crl.M.C. No. 9310 of 2025
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Dated this the 4th day of November, 2025
ORDER
The petitioners are accused Nos.1 to 3 in
C.C.No.187 of 2025 on the file of the Court of the Judicial
Magistrate of First Class, Paravur, which has arisen from
Crime No.286 of 2025 registered by the Chathannur Police
Station, Kollam alleging the commission of the offences
punishable under Sections 296(b), 126(2), 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 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. 9310 OF 2025
respondent, who has executed Annexure A2 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
of this Court to quash criminal proceedings on the ground
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CRL.MC NO. 9310 OF 2025
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
conviction are remote in view of the settlement; and the
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CRL.MC NO. 9310 OF 2025
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 A1 Final Report and all further proceedings in
C.C. No.187 of 2025 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. 9310 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FINAL REPORT IN CC
NO. 187/2025 IN THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, PARAVOOR
ALONG WITH FIR AND FIS
Annexure A2 ORIGINAL AFFIDAVIT SIGNED BY THE SECOND
RESPONDENT STATING THAT HE HAS NO
OBJECTION IN QUASHING THE PROCEEDINGS
AGAINST THE PETITIONERS DATED 20.05.2025
