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P.N Santhosh Kumar vs State Of Kerala
2025 Latest Caselaw 10345 Ker

Citation : 2025 Latest Caselaw 10345 Ker
Judgement Date : 31 October, 2025

Kerala High Court

P.N Santhosh Kumar vs State Of Kerala on 31 October, 2025

Author: C.S.Dias
Bench: C.S.Dias
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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