Kerala High Court
Baiju S vs State Of Kerala on 24 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:79399
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. 8490 OF 2025
CRIME NO.84/2020 OF Thumba Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.585 OF 2023
OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,
THIRUVANANTHAPURAM(SPECIAL COURT-MARKLIST CASES)
PETITIONER/4TH ACCUSED:
BAIJU S,
AGED 36 YEARS
S/O. SURENDRAN, VEDANVILAKATHU VEEDU,
NEAR KOLATHUKARA TEMPLE,
POUNDUKADAVU WARD, ATIPRA VILLAGE,
KULATHOOR P.O., THIRUVANANTHAPURAM., PIN - 695583
BY ADVS.
SHRI. GIRISH KUMAR M S
SMT.RICHU THERESA ROBERT
RESPONDENTS/STATE/ DEFACTO COMPLAINANT AND VICTIM:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI,
(SHO, THUMBA POLICE STATION, THIRUVANANTHAPURAM),
PIN - 682031
2 JIJI,
AGED 51 YEARS
W/O. VINAYAKUMAR, AZHOOR BHAGAVATHY STORE,
VSSC ROAD, POUNDUKADAVU, ATIPRA,
KULATHOOR P.O.,
THIRUVANANTHAPURAM., PIN - 695583
Crl. M.C. No. 8490 of 2025 -:2:-
2025:KER:79399
3 VINAYAKUMAR,
AGED 58 YEARS
S/O. KRISHNAN, AZHOOR BHAGAVATHY STORE,
VSSC ROAD, POUNDUKADAVU, ATIPRA,
KULATHOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695583
BY ADVS.
SHRI. AKASH S.
SHRI.ANOOP R.T.
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SRI C S HRITHWIK
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. 8490 of 2025 -:3:-
2025:KER:79399
Dated this the 24th day of October, 2025
ORDER
The petitioner is the 4th accused in C.C. No.
585/2023 on the file of the Court of Judicial First Class
Magistrate-V, Thiruvananthapuram, which arises out of
Crime No. 84/2020 registered by the Thumba Police
Station, Thiruvananthapuram District, as against the
accused persons for allegedly committing the offences
punishable under Sections 143, 147, 294(b), 323 and
506(i) read with Section 149 of the Indian Penal Code.
2. The petitioner has approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure-I FIR, Annexure II 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 petitioner and the
respondents 2 and 3 (victim), who has affirmed
Annexures-III and IV affidavits, vouching for the
2025:KER:79399
settlement.
3. I have heard the learned Counsel appearing for
the petitioner, the learned Public Prosecutor, and the
learned Counsel for the respondents 2 and 3.
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
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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 petitioner does 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
2025:KER:79399
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 I FIR, Annexure II Final Report in Crime
No.84/2020 of the Thumba Police Station and all further
proceedings in C.C. No. 585/2023 on the file of the Court
of Judicial First Class Magistrate-V, Thiruvananthapuram,
as against the petitioner, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/24.10.25
2025:KER:79399
PETITIONER ANNEXURES
Annexure I THE CERTIFIED COPY OF THE FIR IN CRIME
NO. 84/2020 DATED 21/01/2020 OF THE
THUMBA POLICE STATION
Annexure II THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 84/2020 OF THE THUMBA POLICE
STATION
Annexure III THE ORIGINAL AFFIDAVIT OF THE 2ND
RESPONDENT DATED 18/08/2025
Annexure IV THE ORIGINAL AFFIDAVIT OF THE 3RD
RESPONDENT DATED 18/08/2025
