Kerala High Court
Amal Dev vs State Of Kerala on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:81655
CRL.MC NO. 7516 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947
CRL.MC NO. 7516 OF 2025
CRIME NO.86/2023 OF Kattoor Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.371 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
PETITIONERS/ACCUSED NOS.1 TO 4:
1 AMAL DEV,
AGED 22 YEARS
S/O MURALI K A,KADAVIL, KATTOOR,THRISSUR, PIN -
680702
2 ANANDHU M,
AGED 22 YEARS
S/O NANDAKUMAR, MADAKKAVIL,MANDELA ROAD, VALAPPAD,
THRISSUR, PIN - 680567
3 MIDHUN K MURALY,
AGED 22 YEARS
S/O MURALY, KAYAMPALLY HOUSE,KUNDALIYUR VTC,
ENGADIYAR P O, THRISSUR, PIN - 680616
4 SREEHARI M M,
AGED 22 YEARS
MANAMADATHIL, EDATHIRINJI P.O,THRISSUR, PIN - 680122
BY ADV SHRI.MUHAMMAD BIN MUHAMMAD NISSAR
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CRL.MC NO. 7516 OF 2025
2
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 PRANAV RAJEEV,
AGED 22 YEARS
S/O RAJEEV, PONAATH HOUSE, AVITTATHUR DESOM,
KADUPPASSERY VILLAGE, THRISSUR DISTRICT, PIN -
680683
3 ADIT SUNIL KUMAR,
AGED 22 YEARS
S/O SUNIL KUMAR, VELUTHEDATHU HOUSE, IRINJALAKKUDA
DESOM, KATTOR VILLAGE, THRISSUR DISTRICT, PIN -
680702
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
BY ADV SHRI.ARJUN SURESH B.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7516 OF 2025
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C.S.DIAS, J.
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Crl.M.C. No. 7516 OF 2025
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Dated this the 30th day of October, 2025
ORDER
The petitioners are accused Nos.1 to 4 in
C.C.No.371 of 2023 on the file of the Judicial First Class
Magistrate Court, Irinjalakuda, which has arisen from
Crime No.86 of 2023 registered by the Kattoor Police
Station, Thrissur, alleging the commission of the offences
punishable under Sections 341, 323 and 294(b) read with
Section 34 of the Indian Penal Code.
2. The petitioners have invoked the inherent
jurisdiction of this Court under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all
further proceedings in the above case. It is asserted that
the dispute that led to the registration of the crime has
been amicably settled between the petitioners and the
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CRL.MC NO. 7516 OF 2025
respondents 2 and 3, who have executed Annexures 3 and
4 affidavits, affirming 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 disputes amicably. The
respondents 2 and 3 have no subsisting grievance and do
not wish to pursue the prosecution, and have no objection
to 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 genuine and
bona fide settlement. The State has no objection to the
Criminal Miscellaneous case being allowed.
6. The scope and ambit of the inherent powers
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of this Court to quash criminal proceedings on the ground
of settlement between the parties have been
authoritatively laid down by 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 host of judicial
pronouncements. It is held that in cases where the
offences are not grave or heinous, and where the parties
have amicably settled the dispute, to secure the ends of
justice, the High Court may invoke its inherent powers to
quash the proceedings, particularly if continuation of the
prosecution would serve no fruitful purpose.
7. On an overall consideration of the facts and
circumstances of the present case, and the materials on
record, I am satisfied that: the offences alleged are not
heinous or of a serious nature; no public interest or
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element of societal concern is involved; 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
is persuaded to hold that this is a fit case to exercise its
inherent jurisdiction.
In the result, the Crl. M.C. is allowed. Accordingly,
Annexure 1 FIR, Annexure 2 Final Report and all further
proceedings in C.C.No.371 of 2023 on the file of the
Judicial First-Class Magistrate Court, Irinjalakuda, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 7516 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE F.I.R. IN CRIME
NO.86/2023 OF KATTOR POLICE STATION
Annexure 2 TRUE COPY OF THE FINAL REPORT NO.180 OF
2023 DATED 25/02/2023 FORWARDED BY KATTOR
POLICE STATION
Annexure 3 THE TRUE COPY OF THE AFFIDAVIT DATED
08/08/2025 FILED BY 2ND RESPONDENT
Annexure 4 THE TRUE COPY OF THE AFFIDAVIT DATED
08/08/2025 FILED BY RESPONDENT NO 3
