Kerala High Court
Issakki Muthu P vs State Of Kerala on 24 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:79431
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. 8670 OF 2025
CRIME NO.1266/2019 OF KADAVANTHRA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.631 OF 2021 OF
JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONERS/ACCUSED 1 TO 5:
1 ISSAKKI MUTHU P,
AGED 29 YEARS
S/O. M. PARAMASIVAN, EWS 655,
GANDI NAGAR, KADAVANTHARA S.O.,
KADAVANTHARA, ERNAKULAM,, PIN - 680020
2 REGIL RAVEENDRAN,
AGED 28 YEARS
S/O. RAVINDRAN K.P.,1143, KIZHAKKANMURI,
PONNURUNNI, VYTTILA S.O.,
ERNAKULAM, PIN - 682019
3 SACHIN SUNILKUMAR,
AGED 29 YEARS
S/O. K.P. SUNIL KUMAR,PULLYADATH HOUSE,
CHILAVANOOR ROAD,KADAVANTHARA,
ERNAKULAM, PIN - 682020
4 AKHIL V.K,
AGED 32 YEARS
S/O. V.S. KALESHAN,VAZHAMANA HOUSE,
KAMMATTIPADAM, KOCHI M.G. ROAD, S.O.,
ERNAKULAM, PIN - 682016
5 AMMER HABEEB,
AGED 26 YEARS
S/O. HABEEB V.K., KANNETH PARAMBIL,
CHAKKARAPARAMBU, TAMMANAM S.O.,
ERNAKULAM, PIN - 682032
BY ADVS.
SMT.DHANYA S NAIR
Crl. M.C. No. 8670 of 2025 -:2:-
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SHRI.RAHUL.S
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,KOCHI, PIN - 682031
2 SANAL K.S,
AGED 38 YEARS
S/O. SASIDHARAN, KALLUPURAKKAL HOUSE,
CHEMBAKKARA NORTH, MARADU,
ERNAKULAM DISTRICT,
MOB. 7012355502, PIN - 682304
3 MANOJ,
AGED 43 YEARS
S/O. MANOHARAN, KALLUPURAKKAL HOUSE,
CHAMBAKKARA, KANNADIKKAD, ERNAKULAM DISTRICT, MOB.
9746800419., PIN - 682304
4 ANEESH,
AGED 42 YEARS
S/O. RAVEENDRAN, SRA-145,
VADAKKE VILAKKATHU, PONNURUNNI,
ERNAKULAM DISTRICT, PIN - 682019
BY ADV SHRI.MOHAMMED RAZALI K.A
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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2025:KER:79431
Dated this the 24th day of October, 2025
ORDER
The petitioners are the accused Nos. 1 to 5 in C.C.
No. 631/2021 on the file of the Court of the Judicial First
Class Magistrate-VIII, Ernakulam, which arises out of
Crime No. 1266/2019 registered by the Kadavanthra
Police Station, Ernakulam District, as against the
accused persons for allegedly committing the offences
punishable under Sections 143, 147, 148, 323 and 324
read with Section 149 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 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 4
(victim), who have affirmed Annexures A2 to A4
affidavits, vouching for the settlement.
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3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned Counsel for the respondents 2 to 4
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
Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC
688], Naushey Ali v. State of U.P. [(2025) 4 SCC 78],
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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.
Furthermore, the settlement would promote harmony
between the parties and restore peace. Hence, this Court
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finds this as a fit case to exercise its inherent
jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure A1 Final Report in Crime No. 1266/2019 of
the Kadavanthara Police Station and all further
proceedings in C.C. No. 631/2021 on the file of the Court
of the Judicial First Class Magistrate-VIII, Ernakulam, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/24.10.25
2025:KER:79431
PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE FINAL REPORT IN C.C NO.
631/2021 IN THE FILES OF JUDICIAL FIRST-
CLASS MAGISTRATE COURT-V111, ERNAKULAM
Annexure A2 THE AFFIDAVIT OF THE RESPONDENT NO.2
DATED 13.8.2025
Annexure A3 THE AFFIDAVIT OF THE RESPONDENT NO.3
DATED 13.8.2025
Annexure A4 THE AFFIDAVIT OF THE RESPONDENT NO.4
DATED 13.8.2025
