Kerala High Court
Muhammed Sabith vs State Of Kerala on 28 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:80790
CRL.MC NO. 9131 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. 9131 OF 2025
CRIME NO.78/2023 OF MELPARAMBA POLICE STATION, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2361 OF 2023
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONERS/ACCUSED 1 TO 3:
1 MUHAMMED SABITH,
AGED 23 YEARS
S/O. ABDUL HAMEED, IRFANA QUARTERS,
MELPARAMBA,KALANAD VILLAGE, KASARGOD DISTRICT, PIN -
671317
2 IBRAHIM KHALEEL.M.K,
AGED 37 YEARS
S/O. ABDULLA KUNHI, JASMIN VILLA, MELPARAMBA,KALANAD
VILLAGE, KASARGOD DISTRICT, PIN - 671317
3 AHAMMED SHIHAB,
AGED 34 YEARS
S/O. ABDULLA KUNHI, JASMIN VILLA, MELPARAMBA,KALANAD
VILLAGE, KASARGOD DISTRICT, PIN - 671317
BY ADVS.
SMT.HEMALATHA
SRI.BINU GEORGE
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CRL.MC NO. 9131 OF 2025
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RESPONDENTS/STATE & DEFACTO COMPLAINANT - INJURED:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 ABDUL SABAD.K.K,
AGED 27 YEARS
S/O. ABDUL KHADER, DELI,NEAR SA ADIYA HOSPITAL,
CHEMMANAD, DELI.P.O,KASARGOD DISTRICT, PIN - 691317
BY ADV SRI.KRISHNA KUMAR G.S.
OTHER PRESENT:
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. 9131 OF 2025
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C.S.DIAS,J.
====================
Crl. M.C.No.9131 of 2025
------------------------------------ --
Dated this the 28th day of October, 2025
ORDER
The petitioners are accused 1 to 3 in C.C.No.2361 of
2023 on the file of the Court of the Judicial Magistrate of
First Class-II, Hosdurg, which arises out of Crime No.78 of
2023 registered by the Melparamba Police Station,
Kasaragod, as against the accused persons for allegedly
committing the offences punishable under Sections 341,
323, 324 and 294(b) 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 (BNSS, in short), to quash Annexure A1 FIR,
Annexure A2 Final Report and all further proceedings in
the above crime. It is averred in the criminal
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miscellaneous case that the dispute that led to the
registration of the crime has been amicably settled
between the petitioners and the 2 nd respondent (victim),
who has affirmed Annexure A6 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 2nd 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
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party 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], 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
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concern is involved; the petitioners do not have criminal
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 A1 FIR, Annexure A2 Final Report and all
further proceedings in C.C.No.2361 of 2023 on the file of
the above court, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 9131 OF 2025
PETITIONER ANNEXURES
Annexure-A1 A TRUE COPY OF THE FIR IN CRIME NO.78/2023
OF MELPARAMBA POLICE STATION
Annexure A2 A TRUE COPY OF FINAL REPORT IN CRIME NO.
78/2023 OF MELPARAMBA POLICE STATION
Annexure A3 A TRUE COPY OF WOUND CERTIFICATE DATED
28.02.2023 ISSUED FROM E.K.NAYANAR
MEMORIAL CO-OPERATIVE HOSPITAL, CHENGALA
Annexure A4 A TRUE COPY OF STATEMENTS OF WITNESSES IN
CRIME NO.78/2023 OF MELPARAMBA POLICE
STATION
Annexure A5 A TRUE COPY OF MEMO OF EVIDENCE IN CRIME
Annexure A6 AN AFFIDAVIT DATED 20.08.2025 SWORN BY 2
ND RESPONDENT
