Kerala High Court
Sukesh vs State Of Kerala on 24 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:79447
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
CRL.MC NO. 8401 OF 2025
CRIME NO.1076/2024 OF Manjeri Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1445 OF 2024 OF
DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
MANJERI
PETITIONERS/ACCUSED NOS. 1 TO 10:
1 SUKESH,
AGED 27 YEARS
S/O CHANDRAN, SOOTHRATHIL HOUSE,
YELARMANNIPOYIL, PAYYANADU, ELANKOOR,
MALAPPURAM DISTRICT, PIN - 676122
2 SHAHIN NISHAF ,
AGED 23 YEARS
S/O ALAVIKUTTI, KOLLAM PARAMBATHU HOUSE,
CHOLAKKAL, MANJERI,
MALAPPURAM DISTRICT, PIN - 676122
3 NOUFAL,
AGED 30 YEARS
S/O NAUSHAD, AMBLAVAN HOUSE, CHOLAKKAL,
MANJERI, MALAPPURAM DISTRICT, PIN - 676122
4 JAMSHI MON ,
AGED 44 YEARS
S/O MOHAMMED BASHEER MUSLIYARAKATH HOUSE,
CHOLAKKAL MANJERI, MALAPPURAM DISTRICT, PIN - 676122
5 JAMSHIR BABU ,
AGED 44 YEARS
S/O MOHAMMED BASHEER MUSLIYARAKATH HOUSE,
CHOLAKKAL MANJERI MALAPPURAM DISTRICT, PIN - 676122
6 ASHIM ANSHAD ,
AGED 19 YEARS
S/O ASHIK MUSLIYARAKATH HOUSE,
CHOLAKKAL MANJERI,
MALAPPURAM DISTRICT, PIN - 676122
Crl. M.C. No. 8401 of 2025 -:2:-
2025:KER:79447
7 SHAFIN
AGED 18 YEARS
S/O HAMZA, CHUNDIYILMUCHI PARAMMAL HOUSE,
CHOLAKKAL MANJERI,
MALAPPURAM DISTRICT, PIN - 676122
8 MUHAMMAD ANAS
AGED 21 YEARS
S/O SAKEER, KULATHINGAL HOUSE,
CHOLAKKAL MANJERI,
MALAPPURAM DISTRICT, PIN - 676122
9 MUHAMMAD RASAL ,
AGED 18 YEARS
S/O SHABEERALI MANAKODAN HOUSE
CHOLAKKAL MANJERI,
MALAPPURAM DISTRICT, PIN - 676122
0 MUHAMMAD KASHIF HAG
AGED 24 YEARS
S/O ASSILIN PATTOORKULATHIGAL HOUSE,
CHOLAKKAL PAYYANADU,
MALAPPURAM DISTRICT, PIN - 676122
BY ADV SRI.SOJAN MICHEAL
RESPONDENTS/STATE& DEFACTO COMPLAINANT /INJURED (CW 5 TO 13):
1 STATE OF KERALA ,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI, PIN - 682031
2 IBRAHIM,
AGED 29 YEARS
S/O MUHAMMED KURIKKAL, MANCHERI (H),
ELAMBRA PAYYANAD, MALAPPURAM DISTRICT, PIN - 676122
3 MUHAMMED SAHEER
AGED 22 YEARS
SIO ALAVI KURIKKAL, MANCHERI (H).
ELAMBRA PAYYANAD
MALAPPURAM DISTRICT, PIN - 676122
4 YOOSUF
AGED 44 YEARS
S/O MUHAMMED KURIKKAL, MANCHERI (H).
ELAMBRA PAYYANAD MALAPPURAM DISTRICT, PIN - 676122
Crl. M.C. No. 8401 of 2025 -:3:-
2025:KER:79447
5 SAIFUDEEN
AGED 31 YEARS
S/O MUHAMMED, THENATH (H).
ELAMBRA PAYYANAD MALAPPURAM DISTRICT, PIN - 676122
6 JAHFER SADHIQUE
AGED 23 YEARS
S/O ALAVI, THENATH (H). ELAMBRA,
PAYYANAD MALAPPURAM DISTRICT, PIN - 676122
7 SALMAN
AGED 26 YEARS
S/O UMMER, KARIMBAN CHOLA (H).
CHERUKULAM, PAYYANAD
MALAPPURAM DISTRICT, PIN - 676122
8 MUHAMMED YASEEN K,
AGED 21 YEARS
S/O HASSAN, KARAKADAN MANCHERI (H),
ELAMBRA, PAYYANAD MALAPPURAM DISTRICT, PIN - 676122
9 MUHAMMED HARSHAD E P ,
AGED 21 YEARS
SLO ABOOBACKER ELEDATH POTTAMMAL (H)
ELAMBRA, PAYYANAD MALAPPURAM DISTRICT, PIN - 676122
0 MUHAMMED SHARBIL M
AGED 22 YEARS
S/O MOOSA MANCHERI (H). ELAMBRA,
PAYYANAD MALAPPURAM DISTRICT, PIN - 676122
11 SAJEESH T @ APOOSE ,
AGED 19 YEARS
S/O SREENARAYANAN, THAITHODI (H).
ELAMBRA, PAYYANAD MALAPPURAM DISTRICT, PIN - 676122
BY ADV SHRI.SIVASANKAR
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SMT SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 8401 of 2025 -:4:-
2025:KER:79447
Dated this the 24th day of October, 2025
ORDER
The petitioners are the accused Nos. 1 to 10 in S.C.
No. 1445/2024 on the file of the Court of Session,
Manjeri, which arises out of Crime No. 1076/2024
registered by the Manjeri Police Station, Malappuram
District, as against the accused persons for allegedly
committing the offences punishable under Sections
189(2), 191(2), 191(3), 126(2), 115(2), 118(1) and 110
read with Section 190 of the Bharatiya Nyaya Sanhita,
2023.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure 1 Final Report and all further
proceedings in the above crime. It is averred in the
criminal miscellaneous case that the dispute that led to
the registration of the crime has been amicably settled
between the petitioners and the respondents 2 to 11
2025:KER:79447
(victim), who have affirmed Annexures 2 to 11 affidavits,
vouching for the settlement.
3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned Counsel for the respondents 2 to 11.
4. The learned counsel on either side submits that,
with the intervention of relatives and well-wishers, the
parties have resolved their differences amicably. The
party respondents are no longer desirous of pursuing the
prosecution and has no objection in 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 bona fide settlement and
the party respondents have voluntarily executed the
affidavits. The State has no objection to the Crl.M.C.
being allowed.
6. The Hon'ble Supreme Court, in Gian Singh v.
State of Punjab [(2012) 10 SCC 303], State of Madhya
2025:KER:79447
Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC
688], Naushey Ali v. State of U.P. [(2025) 4 SCC 78],
and in a catena of decisions, has authoritatively held that
in cases where the offences are not grave or heinous,
involving mental depravity, and where the parties have
amicably settled the dispute, the High Court, to secure
the ends of justice, may invoke its inherent powers to
quash the proceedings, particularly if continuation of the
prosecution would serve no fruitful purpose.
7. On a consideration of the facts and circumstances
of the present case, I am satisfied that: the offences
alleged are not heinous or of a serious nature, involving
mental depravity; no public interest or element of
societal concern is involved; the petitioners do not have
criminal antecedents; the party respondents have
voluntarily executed the affidavits; 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.
2025:KER:79447
Furthermore, the settlement would promote harmony
between the parties and restore peace. Hence, this Court
finds this as a fit case to exercise its inherent
jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure-1 Final Report in Crime No. 1076/2024 of the
Manjeri Police Station and all further proceedings in S.C.
No. 1445/2024 on the file of the Court of Session,
Manjari, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/24.10.25
2025:KER:79447
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT DATED
12.09.2024 IN CRIME NO: 1076/2024 OF
MANJERI POLICE STATION, MALAPPURAM
DISTRICT
Annexure 2 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
2ND RESPONDENT
Annexure 3 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
3RD RESPONDENT
Annexure 4 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
4TH RESPONDENT
Annexure 5 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
5TH RESPONDENT
Annexure 6 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
6TH RESPONDENT
Annexure 7 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
7TH RESPONDENT
Annexure 8 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
8TH RESPONDENT
Annexure 9 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
9TH RESPONDENT
Annexure 10 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
10TH RESPONDENT
Annexure 11 AFFIDAVIT DATED 18.07.2025 SWORN BY THE
11TH RESPONDENT
