Kerala High Court
Amal Prakash vs State Of Kerala on 24 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:79337
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. 8284 OF 2025
CRIME NO.1162/2021 OF Kollam West Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.13 OF 2025 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOLLAM
PETITIONERA/ccused 1 to 4:
1 AMAL PRAKASH ,
AGED 26 YEARS
S/O PRAKASH, PK NIVAS,
KANNIMEL CHERRY, SHAKTHIKULANGARA VILLAGE,
MARUTHADI PO, KOLLAM., PIN - 691003
2 THOUFEEK SUDHEER ,
AGED 26 YEARS
S/O SUDHEER, SM MANZIL, MATHETHARA NAGAR-114,
KUREEPUZHA, KAVANAD PO, KOLLAM,, PIN - 691003
3 KANNAN ,
AGED 26 YEARS
S/O SATHYAN, PARAMBIL VADAKKATHIL,
KUREEPUZHA, MATHETHARA NAGAR 108,
KOLLAM WEST VILLAGE, KOLLAM,, PIN - 691602
4 RAFEEK SUDHEER ,
AGED 23 YEARS
S/O SUDHEER, SM MANZIL,
MATHETHARA NAGAR-114, KUREEPUZHA,
KAVANAD PO, KOLLAM,, PIN - 631003
BY ADVS.
SHRI.SREERAJ M.D.
SMT.NEELANJANA NAIR
Crl. M.C. No. 8284 of 2025 -:2:-
2025:KER:79337
RESPONDENTs/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SUJO KENNEDY ,
AGED 24 YEARS
S/O JOHN KENNEDY, JOHNS DALE HOUSE,
PNRA 88, PUNNATHALA CHERRY, KOLLAM WEST,
KOLLAM CITY, PIN - 691317
BY ADV SHRI.AJMAL P.
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. 8284 of 2025 -:3:-
2025:KER:79337
Dated this the 24th day of October, 2025
ORDER
The petitioners are the accused Nos. 1 to 4 in C.P.
No. 13/2025 on the file of the Court of the Judicial First
Class Magistrate-III, Kollam, which arises out of Crime
No. 1162/2021 registered by the Kollam West Police
Station, Kollam District, as against the accused persons
for allegedly committing the offences punishable under
Sections 294(b), 323, 324, 308 and 201 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 A2 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 second
respondent (victim), who has affirmed Annexure A3
affidavit, vouching for the settlement.
2025:KER:79337
3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned Counsel for the second 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:79337
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:79337
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 A2 Final Report in Crime
No. 1162/2021of the Kollam West Police Station and all
further proceedings in C.P. No.13/2025 on the file of the
Court of the Judicial First Class Magistrate-III, Kollam,
as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/24.10.25
2025:KER:79337
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE F.I.R IN CRIME NO.
1162/2021 OF KOLLAM WEST POLICE STATION
DATED 19.11.2021
Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN CP
NO. 13/2025 ON THE FILES OF THE HON'BLE
JUDICIAL FIRST-CLASS MAGISTRATE-III AT
KOLLAM DATED 14.02.2025
Annexure A3 THE AFFIDAVIT FILED BY RESPONDENT
NO.2/DE-FACTO COMPLAINANT DATED
23.08.2025
