Kerala High Court
Indrajith vs State Of Kerala on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:81605
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. 9006 OF 2025
CRIME NO.1362/2023 OF Sasthamcotta Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.44 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA
PETITIONERS/ACCUSED 5 TO 8:
1 INDRAJITH,
AGED 22 YEARS
S/O RAMESH ,PUTHEN PURAKAL VEEDU,
MUTHUPILAKKAD WEST,SASTHAMKOTTA,
KOLLAM ., PIN - 690521
2 AMAL,
AGED 25 YEARS
S/O ANILKUMAR,LEELA
BHAVANAM,MUTHUPILAKKAD,SASTHAMKOTTA,
KOLLAM, PIN - 690521
3 AROMAL,
AGED 25 YEARS
S/O UNNIKRISHNA PILLAI, KUNNATHAYATHU
VEEDU,MUTHUPILAKKAD,SASTHAMKOTTA,
KOLLAM, PIN - 690521
4 SREEHARI
AGED 26 YEARS
S/O SIVAN PILLAI,SIVA MANDIRAM
MUTHUPILAKKAD,SASTHAMKOTTA,
KOLLAM, PIN - 690521
BY ADVS.
SRI.V.I.RAHUL
SMT.SHIFA LATHEEF
CRL.MC NO.9006 OF 2025 2
2025:KER:81605
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SANTHOSH KUMAR
AGED 42 YEARS
S/O KUNJIKRISHNA PILLAI,
RESIDING AT ARACKAL PADINJAREPPURA VEEDU,
MUTHUPILAKKAD WEST, MUTHUPILAKKAD P O,
SASTHAMKOTTA, KOLLAM ., PIN - 690520
3 AJAYAKUMAR B,
AGED 49 YEARS
S/O BHASKARA PILLAI, PUNTHALA KIZHAKKATHIL,
MUTHUPILAKKAD WEST, MUTHUPILAKKAD P O,
SASTHAMKOTTA, KOLLAM, PIN - 690520
BY ADV SHRI.ANAS B.
OTHER PRESENT:
PUBLIC PROSECUTOR-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:
CRL.MC NO.9006 OF 2025 3
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Dated this the 30th day of October, 2025
ORDER
The petitioners are accused Nos.5 to 8 in C.P.No.
44/2023 on the file of the Court of the Judicial First
Class Magistrate- Sasthamcotta, which has arisen
from Crime No. 1362/2023 registered by the
Sasthamcotta Police Station, alleging the commission
of the offences punishable under Sections 143, 148,
294(b), 341, 308, 323 and 324 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 respondents 2 and 3, who have
executed Annexures A3 and A4 affidavits, affirming
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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 party respondents 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 of
this Court to quash criminal proceedings on the
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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 element of societal concern is involved;
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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 in Crime No. 1362/2023 of the Sasthamcotta
Police Station and all further proceedings in C.P.No.
44/2023 on the file of the Court of the Judicial First
Class Magistrate- Sasthamcotta, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
mtk/ 30.10.2525
2025:KER:81605
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
1362/2023 OF KOLLAM SASTHAMKOTTA POLICE
STATION DATED 28-08-2023
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1362/2023 OF KOLLAM
SASTHAMKOTTA POLICE STATION DATED 28-10-
2023.
ANNEXURE A3 AFFIDAVIT DATED 05/08/2025 SWORN BY
RESPONDENT NO.2
ANNEXURE A4 AFFIDAVIT DATED 05/08/2025 SWORN BY
RESPONDENT NO 3.
