Kerala High Court
Mohammed K. V vs State Of Kerala on 24 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:79330
CRL.MC NO. 6777 OF 2025
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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. 6777 OF 2025
CRIME NO.139/2022 OF Payyoli Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.269 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYOLI
PETITIONERS/ACCUSED 1 & 2:
1 MOHAMMED K. V,
AGED 24 YEARS
KURUVAYAN VAYALLIL HOUSE,CHANIYAMKADAVU P.O.,
THIRUVALLUR, VADAKARA, KOZHIKODE DISTRICT, PIN -
673541
2 MUHAMMED SHABEEH,
AGED 25 YEARS
S/O KUNJAMMED, RESIDING AT MEETHALE PADIKKAL HOUSE,
ORKKATTERI (P.O), VADAKARA (VIA), KOZHIKODE
DISTRICT., PIN - 673501
BY ADVS.
SHRI.SAFWAN K.
SHRI.MUHAMMED SUHAIR C.A
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
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CRL.MC NO. 6777 OF 2025
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2 THE STATION HOUSE OFFICER,
PAYYOLI POLICE STATION, PAYYOLI, KOZHIKODE
DISTRICT, KERALA., PIN - 673522
3 MUHAMMED. E,
AGED 23 YEARS
S/O MUHAMMED SAKKAFI, AGED 23 YEARS, THODUVAYAL
HOUSE, VELOM PERUVAYAL POST, KOZHIKODE DISTRICT,
KERALA., PIN - 673508
BY ADV
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
SHRI.JINTO K. KUMAR
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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C.S.DIAS, J.
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Crl.M.C. No. 6777 OF 2025
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Dated this the 24th day of October, 2025
ORDER
The petitioners are accused Nos. 1 and 2 in
C.C.No.269 of 2022 on the file of the Court of the Judicial
Magistrate of First Class, Payyoli, which arises out of
Crime No. 139 of 2022 registered by the Payyoli Police
Station, as against the accused persons for allegedly
committing the offences punishable under Sections 341
and 325 of the Indian Penal Code and Section 4 of the
Kerala Prohibition of Ragging Act.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS, in short), to quash Annexure 1 FIR and Annexure
2 Final Report and all further proceedings in the above
crime. It is averred in the criminal miscellaneous case
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that the dispute that led to the registration of the crime
has been amicably settled between the petitioners and
the 3rd respondent (victim), who has affirmed Annexure 3
affidavit, 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 3rd 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
party respondent has voluntarily executed the affidavit.
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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],
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
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antecedents; the party 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 finds this is a fit
case to exercise its inherent jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure 1 FIR and Annexure 2 Final Report and all
further proceedings in C.C. No. 269 of 2022 of the above
court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 6777 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE FIR AND FIS
DATED 24.03.2022.
Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 07.06.2022.
Annexure 3 THE AFFIDAVIT EXECUTED AND SIGNED BY THE
3RD RESPONDENT / DE-FACTO COMPLAINANT
DATED 27.06.2025
