Kerala High Court
Sheik Musthafa A vs State Of Kerala on 28 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:80682
CRL.MC NO. 7534 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
CRL.MC NO. 7534 OF 2025
CRIME NO.1305/2019 OF Fort Kochi Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1594 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY
PETITIONERS/ACCUSED:
1 SHEIK MUSTHAFA A,
AGED 42 YEARS
S/O ABDUL WAHAB, 18/27, JJ NAGAR, MS GARDEN,
KUNIYAMUTHUR, COIMBATORE, TAMIL NADU-08., PIN -
641008
2 SONY THOMAS,
AGED 30 YEARS
S/O THOMAS T.D, THAMARAPARAMBIL HOUSE, ELOOR SOUTH,
UDYOGAMANDAL S.O, ERNAKULAM, KERALA, PIN - 683501
3 SHAMSUDHEEN S,
AGED 49 YEARS
S/O SIKKATHAR, 101/C, LAXMI NARAYANA PURAM,
VANDISOLAI, UDHAGAMANDALAM, THE NILGIRIS, TAMIL
NADU, PIN - 643001
BY ADVS.
SHRI. VIJEESH K.S.
SMT.RESHMA UNNIKRISHNAN
SMT.ANEESHA AMEER
RESPONDENTS:
1 STATE OF KERALA,
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CRL.MC NO. 7534 OF 2025
2
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 ASHA HUSSIAN,
AGED 70 YEARS
W/O HUSSIAN, X/1567, KOLLARHUPARAMBIL HOUSE, SOUTH
THAMARAPARAMBU, FORT KOCHI,ERNAKULAM, KERALA, PIN -
682001
3 SHAHEENA SHAHEED,
AGED 49 YEARS
W/O SHAHEED, X/1567, KOLLARHUPARAMBIL HOUSE, SOUTH
THAMARAPARAMBU, FORT KOCHI,ERNAKULAM, KERALA, PIN -
682001
BY ADV SRI.K.S.STEJO
SR.PP. SMT.SEETHA S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7534 OF 2025
3
ORDER
Dated this the 28th day of October, 2025
The petitioners are accused 1 to 3 in C.C
No.1594/2020 on the file of the Court of the Judicial First
Class Magistrate, Mattanchery, which arises out of Crime
No.1305/2019 registered by the Fort Kochi Police Station,
Ernakulam, as against the accused persons, for allegedly
committing the offences punishable under Sections 380
and 411 r/w Section 34 of the Indian Penal Code, 1860.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure I FIR and 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 petitioners and the
respondents 2 and 3 (victims), who have executed
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CRL.MC NO. 7534 OF 2025
Annexure III and IV affidavits, 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 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
respondents 2 and 3 are no longer desirous of pursuing
the prosecution and have 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
respondents 2 and 3 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
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CRL.MC NO. 7534 OF 2025
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 antecedents; the respondents 2 and 3 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
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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 as a fit case to exercise its inherent jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure I FIR and Annexure II Final Report in Crime
No.1305/2019 of the Fort Kochi Police Station and all
further proceedings in C.C. No. 1594/2020 on the file of
the Judicial First-Class Magistrate Court, Mattanchery, as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm28/10/2025
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CRL.MC NO. 7534 OF 2025
PETITIONER ANNEXURES
Annexure -I A CERTIFIED COPY OF THE F.I.R. IN CRIME
NO 1305 OF 2019 OF THE FORT COCHIN POLICE
STATION, ERNAKULAM DISTRICT DATED
11.11.2019
Annexure-II CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO 1594 OF 2020 ON THE FILE OF THE
HON'BLE COURT OF THE JUDICIAL FIRST CLASS
MAGISTRATE- MATTANCHERRY DATED 02/11/2020
Annexure-III COPY OF THE AFFIDAVIT DATED 04/07/2025
SWORN IN BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT
Annexure-IV COPY OF THE AFFIDAVIT DATED
04/07/2025SWORN IN BY THE DAUGHTER OF
DEFACTO COMPLAINANT
