Kerala High Court
Shameem vs State Of Kerala on 28 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:80677
CRL.MC NO. 8691 OF 2025
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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. 8691 OF 2025
CRIME NO.1190/2015 OF Paravoor Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2303 OF 2015
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR
PETITIONERS/ACCUSED NO.1 TO 4:
1 SHAMEEM,
AGED 39 YEARS
S/O HAKKIM, MULAYIL VEETTIL, THEKKUMBAKAM CHERI,
KOTTAPURAM VILLAGE, KOLLAM DISTRICT, PIN - 691301
2 SHARAM,
AGED 33 YEARS
S/O HAKKIM, MULAYIL VEETTIL, THEKKUMBAKAM CHERI,
KOTTAPURAM VILLAGE, KOLLAM DISTRICT, PIN - 691301
3 SHAKEEM,
AGED 67 YEARS
S/O SHIYAVUDHEEN, MULAYIL VEETTIL, THEKKUMBAKAM
CHERI, KOTTAPURAM VILLAGE, KOLLAM DISTRICT,, PIN -
691301
4 SHAFEER,
AGED 67 YEARS
S/O RAHEEM, MULAYIL VEETTIL, THEKKUMBAKAM CHERI,
KOTTAPURAM VILLAGE, KOLLAM DISTRICT,, PIN - 691301
BY ADV SRI.M.R.SASITH
RESPONDENTS/ STATE & DE FACTO COMPLAINANT:
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CRL.MC NO. 8691 OF 2025
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1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
PARAVOOR POLICE STATION, KOLLAM, PIN - 691301
3 SHAMEER NAZAR,
AGED 34 YEARS
PANAYARA HOUSE, NEAR H.S.S THEKKUMBAKAM CHERRY,
KOTTAPURAM VILLAGE, KOLLAM DISTRICT,, PIN - 691301
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. 8691 OF 2025
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ORDER
Dated this the 28th day of October, 2025
The petitioners are accused 1 to 4 in C.C
No.2303/2015 on the file of the Court of the Judicial First
Class Magistrate, Paravoor, which arises out of Crime
No.1190/2015 registered by the Paravoor Police Station,
Kollam, as against the accused persons, for allegedly
committing the offences punishable under Sections
294(b), 324, 447 and 323 r/w 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 and 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 third
respondent (injured), who has executed Annexure A3
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CRL.MC NO. 8691 OF 2025
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 third 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 third
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
third 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
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CRL.MC NO. 8691 OF 2025
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 third 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
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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 A1 FIR and Annexure A2 Final Report in Crime
No.1190/2015 of the Paravoor Police Station and all
further proceedings in C.C. No. 2303/2015 on the file of
the Judicial First-Class Magistrate Court, Paravoor, as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm28/10/2025
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CRL.MC NO. 8691 OF 2025
PETITIONER ANNEXURES
Annexure-A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.
1190/2015 OF PARAVOOR POLICE STATION,
KOLLAM DATED 22.07.2015.
Annexure-A2 THE CERTIFIED COPY OF THE FINAL REPORT
FILED BY THE 2ND RESPONDENT IN CC NO.
2303/2015 PENDING BEFORE THE HON'BLE
JUDICIAL FIRST-CLASS MAGISTRATE COURT,
PARAVOOR IN CRIME NO. 2303/2015 OF
PARAVOOR POLICE STATION, KOLLAM.
Annexure-A3 THE AFFIDAVIT SWORN BY THE RESPONDENT NO:
3 DATED 15.07.2025.
