Kerala High Court
Salmanul Faris vs State Of Kerala on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 6593 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. 6593 OF 2025
CRIME NO.1/2021 OF CYBER CRIME POLICE STATION, WAYANAD,
Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.381 OF 2022
OF CHIEF JUDICIAL MAGISTRATE, KALPETTA
PETITIONERS/ACCUSED 1 & 2:
1 SALMANUL FARIS,
AGED 27 YEARS
S/O SIDIQUE, ALUNGAL VEEDU, AZVASI, KAVILUM PARA,
TOTTILPALAM PO, KOZHIKODE, KERALA, PIN - 673513
2 SHAMIL U.K,
AGED 27 YEARS
S/O ABDUL SALAM, UNNITHAN KANDI, KUNDUTHODU,
MARUTHOMKARA, KOZHIKODE, KERALA, PIN - 673513
BY ADV SHRI.AJMAL P.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 NIGEESH JOHN
AGED 45 YEARS
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S/O JOHN, KUTTIPPLAKKAL HOUSE, AYIRAMKOLLI,
AMBALAVAYAL, WAYANAD, KERALA, PIN - 673593
BY ADV SMT.AKSHAYA S.NAIR
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:
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C.S.DIAS, J.
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Crl.M.C. No. 6593 OF 2025
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Dated this the 30th day of October, 2025
ORDER
The petitioners are accused Nos.1 and 2 in
C.C.No.381 of 2022 on the file of the Chief Judicial
Magistrate Court, Kalpetta, which has arisen from Crime
No.1 of 2021 registered by the Cyber Crime Police
Station, Wayanad, alleging the commission of the
offences punishable under Sections 420, 468 and 471
read with Section 34 of the Indian Penal Code and
Section 66D of the Information Technology Act.
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
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been amicably settled between the petitioners and the
2nd respondent, who has executed Annexure A3 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 2nd
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 2nd respondent has no subsisting grievance
and does 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
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Criminal Miscellaneous case being allowed.
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
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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
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.381 of 2022 on the
file of the Chief Judicial Magistrate Court, Kalpetta, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 6593 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT
DT.16.03.2021 IN CRIME NO.0001 OF 2021 ON
THE FILES OF THE CYBER CRIME POLICE
STATION, WAYANAD
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT
DT.31.10.2022 IN CRIME NO.0001 OF 2021 ON
THE FILES OF THE CYBER CRIME POLICE
STATION, WAYANAD
Annexure A3 AFFIDAVIT DT.16-06-2025 OF THE 2ND
RESPONDENT
