Kerala High Court
Ansaf E S vs State Of Kerala on 24 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:79429
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. 8446 OF 2025
CRIME NO.459/2023 OF ELAMAKKARA POLICE STATION, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.464 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA
PETITIONERS/ACCUSED 1 TO 3:
1 ANSAF E S,
AGED 30 YEARS
S/O. ABUSALIH. E. Y.,
RESIDING AT ELAVUNGAL HOUSE,
KEERTHI NAGAR, ELAMAKKARA P O,
ERNAKULAM DISTRICT, PIN - 682029
2 RISWAN M A,
AGED 31 YEARS
S/O. ABDUL RAZAK,
RESIDING AT MALIYEKKAL HOUSE,
KARUKAPPILLYPARAMBU, DESHABHIMANI ROAD,
KALOOR, KOCHI, ERNAKULAM DISTRICT, PIN - 682017
3 ALSAM AZEEZ,
AGED 34 YEARS
S/O. ABDUL AZEEZ,
RESIDING AT BAITHULNOOR, ELAMAKKARA P O,
ERNAKULAM DISTRICT, PIN - 682026
BY ADV SRI.PRAMOD KOCHUTHOMMEN.E.
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
ELAMAKKARA POLICE STATION,
ERNAKULAM DISTRICT, PIN - 682026
3 SAINUL ABUDHEEN,
Crl. M.C. No. 8446 of 2025 -:2:-
2025:KER:79429
S/O. ABDUL LATHEEF, RESIDING AT KAMAR MANZIL VEETTIL,
CHETTIPARAMBU LANE, KARUKAPPILLY, EDAPPALLY SOUTH
VILLAGE,
ERNAKULAM DISTRICT, PIN - 682026
BY ADV SMT.AISWARYA
OTHER PRESENT:
PP SRI M P PRASANTH
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. 8446 of 2025 -:3:-
2025:KER:79429
Dated this the 24th day of October, 2025
ORDER
The petitioners are the accused Nos. 1 to 3 in C.C.
No. 464/2024 on the file of the Court of the Judicial First
Class Magistrate-II, Aluva, which arises out of Crime No.
459/2023 registered by the Elamakkara Police Station,
Ernakulam District, as against the accused persons for
allegedly committing the offences punishable under
Sections 341, 294(b), 323 and 506 read with Section 34
of the Indian Penal Code.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure A1 FIR , Annexure A3 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 third
respondent (victim), who has affirmed Annexure A4
affidavit, vouching for the settlement.
2025:KER:79429
3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned Counsel for the third respondent.
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 respondent is 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 second respondent has voluntarily executed the
affidavit. 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
Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC
688], Naushey Ali v. State of U.P. [(2025) 4 SCC 78],
2025:KER:79429
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 the second respondent has
voluntarily executed the affidavit; 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
2025:KER:79429
finds this as a fit case to exercise its inherent
jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure A1 FIR, Annexure A3 Final Report in Crime
No. 459/2023 of the Elamakkara Police Station and all
further proceedings in C.C. No. 464/2024 on the file of
the Court of the Judicial First Class Magistrate-II, Aluva,
as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/24.10.25
2025:KER:79429
PETITIONER ANNEXURES
Annexure A 1 CERTIFIED COPY OF THE FIR DATED
26.03.2023 IN CRIME NO. 459/2023 OF
ELAMAKKARA POLICE STATION
Annexure A 2 CERTIFIED COPY OF THE FIRST INFORMATION
STATEMENT GIVEN BY THE DE FACTO
COMPLAINANT DATED 26.03.2023
Annexure A 3 CERTIFIED COPY OF THE FINAL REPORT DATED
30.04.2023 IN C.C. NO. 464/2024 ON THE
FILE OF THE JUDICIAL FIRST-CLASS
MAGISTRATE COURT - II, ALUVA
Annexure A 4 THE ORIGINAL OF THE AFFIDAVIT PREPARED BY
THE 3RD RESPONDENT DATED 16.09.2025
