Kerala High Court
Muhammad Swalih vs K.K.C. Kunjabdulla on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 8949 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. 8949 OF 2025
CRIME NO.74/2021 OF Meppayur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.676 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYOLI
PETITIONERS/ACCUSED NO.1 TO 8:
1 MUHAMMAD SWALIH
AGED 50 YEARS
S/O. KELAPPAN, CHAKROLI VALIYAKANDATHIL HOUSE,
MAMBATTUMUKKU, AAVALA P.O, MEPPAYYUR., PIN - 673524
2 MAMMU,
AGED 66 YEARS
S/O. MOITHEEN, OLIPPIL HOUSE, GULIKAPPUZHA PALAM,
AVALA, CHERUVANNUR, MEPPAYYUR., PIN - 673524
3 JEMSHEER
AGED 31 YEARS
S/O. MOITHU, PALAKKUNI HOUSE, AVALA, CHERUVANNUR,
MEPPAYYUR. PIN-673524
4 MUNEER,
AGED 32 YEARS
S/O. KUNJAMMAD, THAYYULLATHILHOUSE, AVALA,
CHERUVANNUR, MEPPAYYUR., PIN - 673524
5 JALEEL,
AGED 29 YEARS
, S/O. AMMAD, NADUKKANDI HOUSE, AVALA, CHERUVANNUR,
MEPPAYYUR., PIN - 673524
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6 ISMAI
AGED 34 YEARS
S/O. RAMLA, ,MANAMMEL HOUSE, AVALA, CHERUVANNUR,
MEPPAYYUR., PIN - 673524
7 ASLAM
AGED 30 YEARS
S/O. MOITHEEN HAJI, AMADAMPOTTAYIL HOUSE, AVALA,
CHERUVANNUR, MEPPAYYUR., PIN - 673524
8 MUJEEB
AGED 47 YEARS
S/O. KUNJAMMAD, PERINCHERYKADAVU, AVALA,
CHERUVANNUR, MEPPAYYUR., PIN - 673524
BY ADV SRI.ZUBAIR PULIKKOOL
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 K.K.C. KUNJABDULLA
AGED 55 YEARS
S/O. SOOPY, KANJIRAKUNI HOUSE, MAMBATTUMUKKU,
AVALA, CHERUVANNUR, MEPPAYYUR., PIN - 673524
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
BY ADV SHRI.MUHASIN K.M.
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. 8949 OF 2025
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C.S.DIAS, J.
---------------------------------------
Crl.M.C. No. 8949 OF 2025
-----------------------------------------
Dated this the 30th day of October, 2025
ORDER
The petitioners are accused Nos.1 to 8 in
S.T.No.676 of 2021 on the file of the Judicial First Class
Magistrate Court, Payyoli, which has arisen from Crime
No.74 of 2021 registered by the Meppayur Police Station,
Kozhikode, alleging the commission of the offences
punishable under Sections 143, 147, 341 and 323 read
with Section 149 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 1 st
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CRL.MC NO. 8949 OF 2025
respondent, who has executed Annexure 3 affidavit,
affirming the settlement.
3. I have heard the learned Counsel
appearing for the petitioners, the learned Public
Prosecutor, and the learned Counsel for the 1 st
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 1 st
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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CRL.MC NO. 8949 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
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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 1 FIR, Annexure 2 Final Report and all further
proceedings in S.T.No.676 of 2021 on the file of the
Judicial First-Class Magistrate Court, Payyoli, as against
the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 8949 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR NO. 74/2021 OF
MEPPAYUR POLICE STATION WITH FI STATEMENT
OF R1
Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT
Annexure 3 THE SWORN AFFIDAVIT OF RESPONDENT 1
