Kerala High Court
Binsoin Sebastian vs State Of Kerala on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:81642
CRL.MC NO. 8959 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. 8959 OF 2025
CRIME NO.2368/2022 OF Kottayam West Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.108 OF 2023
OF JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM
PETITIONER/ACCUSED:
BINSOIN SEBASTIAN,
AGED 36 YEARS
S/O SEBASTIAN, APPASSERIL HOUSE, PERUMTHURUTHU
KARA, KALLARA VILLAGE, KOTTAYAM DISTRICT., PIN -
686611
BY ADVS.
SRI.V.SETHUNATH
SHRI.SREEGANESH U.
SHRI.LAKSHMINARAYAN.R
SHRI.GAUTHAM KRISHNAN K.G.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE SUB INSPECTOR OF POLICE,
KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT.,
PIN - 686001
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CRL.MC NO. 8959 OF 2025
2
3 RAJEEV.M.R,
AGED 45 YEARS
S/O.RAJAPPAN, MADATHINKAL HOUSE, PUTHANANGADI
KARA, KOTTAYAM VILLAGE, KOTTAYAM DISTRICT., PIN -
686001
BY ADV SHRI.THOMAS ABRAHAM
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. 8959 OF 2025
3
C.S.DIAS, J.
---------------------------------------
Crl.M.C. No. 8959 OF 2025
-----------------------------------------
Dated this the 30th day of October, 2025
ORDER
The petitioner is the accused in C.C.No.108 of
2023 on the file of the Court of the Judicial Magistrate of
First Class-III, Kottayam, which has arisen from Crime
No.2368 of 2022 registered by the Kottayam West Police
Station, alleging the commission of the offences
punishable under Sections 406 and 420 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
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CRL.MC NO. 8959 OF 2025
respondent, who has executed Annexure A3 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 3rd 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.
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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
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CRL.MC NO. 8959 OF 2025
not 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 A2 Final Report
and all further proceedings in C.C.No. 108 of 2023 on the
file of the Court of the Judicial First-Class Magistrate
Court-III, Kottayam, as against the petitioner, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 8959 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
2368/2022, DATED 17.12.2022 OF KOTTAYAM
WEST POLICE STATION
Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO.2368/2022 OF KOTAYAM WEST POLICE
STATION DATED 28.01.2023 AND NOW PENDING
AS C.C.NO.108 OF 2023 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-
III, KOTTAYAM
Annexure A3 NOTARISED AFFIDAVIT OF THE 3RD RESPONDENT
DATED 27.09.2025
