Citation : 2025 Latest Caselaw 10345 Ker
Judgement Date : 31 October, 2025
CRL.MC NO. 3000 OF 2023 1 2025:KER:82601
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 31ST DAY OF OCTOBER 2025 / 9TH KARTHIKA, 1947
CRL.MC NO. 3000 OF 2023
CRIME NO.13/CB/KLM& PTA/R//2020 OF CBCID, PATHANAMTHITTA,
Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.93 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
PETITIONER/ACCUSED NO 1 TO 5 :
1 P.N SANTHOSH KUMAR
AGED 54 YEARS
S/O P.K NARAYANAN, PAROOR KIZHAKKETHIL HOUSE,
VADASSERRIKKARA VILLAGE, EDAKKULAM PO EDAKKULAM,
PATHANAMTHITTA DISTRICT, PIN - 689672
2 K. VASANTHAKUMAR
AGED 51 YEARS
S/O KARUNAKARAN, VASANTHABHAVANAM, PAZHAVANGADI
VILLAGE, KARIKULAM P.O, MUKKALIMAN, RANNI,
PATHANAMTHITTA DISTRICT, PIN - 689673
3 K.S MANJU
AGED 42 YEARS
W/O SHIBU, KIZHAKKEKKUTTU HOUSE, VADASSERIKKARA
VILLAGE, KUMPALATHAMON P.O, RANNI, PATHANAMTHITTA
DISTRICT, PIN - 689662
4 K.S RAJESH
AGED 49 YEARS
S/O K.SREEDHARAN, SREENANDHANAM HOUSE, IDAKKUNNAM
VILLAGE, PARATHODE P.O, KANJIRAPALLY TALUK, KOTTAYAM
DISTRICT, PIN - 686512
5 K.SHAJAHAN
AGED 58 YEARS
S/O S.ABDUL KHADER, D.B.R.A-9, ALJAFAR, NANDANKODE,
KOWDIAR, THIRUVANANTHAPURAM DISTRICT, PIN - 695003
CRL.MC NO. 3000 OF 2023 2 2025:KER:82601
BY ADV SHRI.SREEHARI INDUKALADHARAN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 CIRCLE INSPECTOR OF POLICE
RANNI POLICE STATION, PATHANAMTHITTA DISTRICT, PIN -
689672
3 USHA P.S
AGED 55 YEARS
W/O SOMARAJAN, RESIDING AT MANNIL VEEDU, THALACHIRA
ERAM P.O, VADASERIKKARA VILLAGE, RANNI TALUK,
PATHANAMTHITTA, PIN - 689672
4 VIJAYAKUMARI
AGED 68 YEARS
W/O ANANDAN, RESIDING AT UTHRADAM VEEDU, THALACHIRA
ERAM P.O, VADASERIKKARA VILLAGE, RANNI TALUK,
PATHANAMTHITTA, PIN - 689672
BY ADV PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3000 OF 2023 3 2025:KER:82601
C.S.DIAS, J.
---------------------------------------
CRL.MC NO. 3000 OF 2023
------------------------------------------------------
Dated this the 31st day of October, 2025
ORDER
The petitioners are the accused Nos. 1 to 5 in
C.C.No.93/2023 on the file of the Court of the Judicial
First Class Magistrate, Ranny, which has arisen from
Crime No.13/CB/KLM&PTA/R/2020 of 2020 Crime Branch,
Pathanamthitta registered by the alleging the commission
of the offences punishable under Sections 120B, 420, 460,
468, 471 and 477A r/w Section 34 of the Indian Penal
Code.
2. The petitioners have invoked the inherent
jurisdiction of this Court under Section 482 of the Code of
Criminal Procedure, 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 3 and 4, who
have executed Annexures A5 and A6 affidavits, affirming CRL.MC NO. 3000 OF 2023 4 2025:KER:82601
the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 3 and 4.
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
respondents 3 and 4 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 ground of
settlement between the parties have been authoritatively CRL.MC NO. 3000 OF 2023 5 2025:KER:82601
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
conviction are remote in view of the settlement; and the
continuation of the proceedings would merely burden the CRL.MC NO. 3000 OF 2023 6 2025:KER:82601
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 A3 Final Report in Crime
No.13/CB/KLM&PTA/R/2020 of 2020 of the Crime Branch,
Pathanamthitta and all further proceedings in C.C. No.
93/2023 on the file of the Judicial First-Class Magistrate
Court, Ranny, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS,JUDGE
SCB/31.10.25.
CRL.MC NO. 3000 OF 2023 7 2025:KER:82601
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE INITIAL FIR IN CRIME NO. 523 OF 2019 OF RANNI POLICE STATION DATED 07/04/2019 Annexure A2 CERTIFIED COPY OF THE CMP NO. 3065 OF 2019 ON THE FILE OF JUDICIAL FIRST-CLASS MAGISTRATE COURT RANNI DATED 2.4.2019 Annexure A3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 13/CB/KLM&PTA/R/2020 CRIME BRANCH, OF
OF 2023 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNY Annexure A4 A TRUE COPY OF THE NO DUE CERTIFICATE NO.
CNRB/2319/SHG/NDC/09-2022 ISSUED BY THE CANARA BANK RANNI BRANCH DATED 17.9.2022 Annexure A5 THE TRUE COPY OF THE SETTLEMENT AFFIDAVIT SWORN BY THE 3RD RESPONDENT / DEFACTO COMPLAINANT DATED 21.02.2023 Annexure A6 THE TRUE COPY OF THE SETTLEMENT AFFIDAVIT SWORN BY THE 4TH RESPONDENT / CW2 DATED 21.02.2023
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