Amith C.M vs State Of Kerala
2025 Latest Caselaw 10285 Ker

Citation : 2025 Latest Caselaw 10285 Ker
Judgement Date : 30 October, 2025

Kerala High Court

Amith C.M vs State Of Kerala on 30 October, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                  2025:KER:81686
CRL.MC NO. 8232 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. 8232 OF 2025

   CRIME NO.43/2016 OF Kannur Town Police Station, Kannur

        AGAINST THE ORDER/JUDGMENT DATED IN SC NO.479 OF 2021 OF

ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, KANNUR

PETITIONER/ACCUSED NO.6:

            AMITH C.M,
            AGED 39 YEARS
            S/O.MADHU, DHANYA HOUSE, CHALAD P.O,
            PANNENPARA,ERINJHATHUVAYAL, KANNUR DISTRICT, PIN -
            670014


            BY ADV SMT.V.P.BIJI


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1       STATE OF KERALA,
            REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, PIN - 682031

    2       STATION HOUSE OFFICER,
            KANNUR TOWN POLICE STATION ( CRIME NO: 43/2016),
            KANNUR, PIN - 670001

    3       SANDEEP KUMAR K,
            S/O.NANDANAN, KOMBRA HOUSE , CK PURAM, CHALAD P.O.
            KANNUR, PIN - 670014
                                                2025:KER:81686
CRL.MC NO. 8232 OF 2025

                               2



          BY ADV SMT.K.T.LILLY @ LILLY JAMES


OTHER PRESENT:

          SR.PP.SMT.SEETHA S


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                              2025:KER:81686
CRL.MC NO. 8232 OF 2025

                             3


                        C.S.DIAS, J.
            ---------------------------------------
            Crl.M.C. No. 8232 OF 2025
           -----------------------------------------
       Dated this the 30th day of October, 2025

                          ORDER

The petitioner is the 6th accused in S.C.No.479 of

2021 on the file of the Assistant Sessions Court, Kannur,

which has arisen from Crime No.43 of 2016 registered by

the Kannur Town Police Station, alleging the commission

of the offences punishable under Sections 143, 147, 148,

341, 323, 324, 308 and 506(ii) read with Section 149 of

the Indian Penal Code.

2. The petitioner has 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 petitioner and the 3 rd 2025:KER:81686 CRL.MC NO. 8232 OF 2025

respondent, who has executed Annexure A5 affidavit,

affirming the settlement.

3. I have heard the learned Counsel

appearing for the petitioner, the learned Public

Prosecutor, and the learned Counsel for the 3 rd

respondent.

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 3 rd

respondent has no subsisting grievance and do not wish

to pursue the prosecution, and has 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.

2025:KER:81686 CRL.MC NO. 8232 OF 2025

6. The scope and ambit of the inherent

powers 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 2025:KER:81686 CRL.MC NO. 8232 OF 2025

heinous or of a serious nature; no public interest or

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 A1 FIR, Annexure A3 Final Report and all

further proceedings in S.C.No.479 of 2021 on the file of

the Assistant Sessions Court, Kannur, as against the

petitioner, are hereby quashed.

Sd/-

C.S.DIAS, JUDGE dkr 2025:KER:81686 CRL.MC NO. 8232 OF 2025

PETITIONER ANNEXURES

Annexure-A1 TRUE COPY OF THE F.I.R IN CRIME NO.

43/2016 OF KANNUR TOWN POLICE STATION, DATED 4.1.2016 Annexure A2 TRUE COPY OF THE F.I.S IN CRIME NO.

43/2016 OF KANNUR TOWN POLICE STATION, DATED 4.1.2016 ALONG WITH TYPED COPY Annexure-A3 TRUE COPY OF THE FINAL REPORT FILED BY KANNUR TOWN POLICE IN CRIME NO: 43/2016 BEFORE JFCM-1, KANNUR NIL DATED Annexure-A4 A TRUE COPY OF THE JUDGMENT IN SC NO: