Kerala High Court
Mr.Anwar P.H vs State Of Kerala on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:81699
CRL.MC NO. 8376 OF 2025
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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. 8376 OF 2025
CRIME NO.1225/2023 OF Ernakulam Central Police Station,
Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.504 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, ERNAKULAM
PETITIONER/ACCUSED:
MR.ANWAR P.H,
AGED 38 YEARS
S/O. HASSANAR P.M,PADALAKKATTIL HOUSE, NELLIKUNNE,
NEAR HIKAMIYYA MADRASSA CHIRAMANANGAD(CT) THRISSUR
DISTRICT., PIN - 680604
BY ADVS.
SHRI.MENINO FUTO
SMT.SREELAKSHMI B.T.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI, PIN - 682031
2 SUB.INSPECTOR OF POLICE,
CENTRAL POLICE STATION,ERNAKULAM, ERNAKULAM, PIN -
682018
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CRL.MC NO. 8376 OF 2025
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3 JOJO.K.JOSEPH,
AGED 52 YEARS
S/O JOSEPH K.V, KURUPPASSERIL(H), KUMBALANGI, KOCHI,
ERNAKULAM, PIN - 682007
BY ADVS.
SHRI.ARUN SANKAR
SHRI.AKSHAYA S.
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
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. 8376 OF 2025
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C.S.DIAS, J.
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Crl.M.C. No. 8376 OF 2025
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Dated this the 30th day of October, 2025
ORDER
The petitioner is accused in C.C.No.504 of 2023 on
the file of the Judicial First Class Magistrate Court-II,
Ernakulam, which has arisen from Crime No.1225 of 2023
registered by the Ernakulam Central Police Station,
alleging the commission of the offences punishable under
Sections 294(b) and 506 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
respondent, who has executed Annexure A3 affidavit,
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affirming the settlement.
3. I have heard the learned Counsel appearing
for the petitioner, the learned Public Prosecutor, and the
learned Counsel for the 3rd 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.
6. The scope and ambit of the inherent powers
of this Court to quash criminal proceedings on the ground
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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
element of societal concern is involved; the chances of
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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 A2 Final Report and all
further proceedings in C.C.No.504 of 2023 on the file of
the Judicial First Class Magistrate Court-II, Ernakulam, as
against the petitioner, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 8376 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FIR NO.1225/2023
DATED 24.04.2023 OF CENTRAL POLICE STATION
ERNAKULAM, PRODUCED IN C.C NO.504/2023 OF
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, ERNAKULAM
Annexure A2 THE CERTIFIED COPY OF FINAL REPORT/ CHARGE
SHEET NO. 274/2023 DATED 29.05.2023 IN C.C
NO.504/2023 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, ERNAKULAM
Annexure A3 THE AFFIDAVIT SWORN TO BY THE 3 RD
RESPONDENT/ DE FACTO COMPLAINANT
