Kerala High Court
Musthafa.K vs State Of Kerala on 31 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8869 OF 2025
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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. 8869 OF 2025
CRIME NO.271/2011 OF Kudiyanmala Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2900 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
PETITIONER/S:
MUSTHAFA.K.
AGED 50 YEARS
S/O ABDULLA, KUTTIPALLEERAKATH HOUSE, NADUVIL.P.O,
NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN
- 670582
BY ADVS.
SRI.V.A.SATHEESH
SMT.T.K.SNEHASREE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 SHAKKEER.P.K.
AGED 39 YEARS
S/O MUSTHAFA, POOVAN KULATHIL HOUSE, KUYILAMPADI,
NADUVIL.P.O, NEW NADUVIL AMSOM, TALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670582
3 MUHAMMED ANAS,
AGED 35 YEARS
S/O ASSAINAR, CHERIYANDEERAKATH HOUSE, POTHUKUNDU,
NADUVIL.P.O,NEW NADUVIL AMSOM, TALIPARAMBA TALUK,
CRL.MC NO. 8869 OF 2025
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KANNUR DISTRICT, PIN - 670582
BY ADVS.
SRI.V.T.MADHAVANUNNI
SHRI.ANAND V.S
OTHER PRESENT:
PP.SRI.SANAL P. RAJ
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. 8869 OF 2025
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C.S.DIAS, J.
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CRL.MC No.8869 OF 2025
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Dated this the 31st day of October, 2025
ORDER
The petitioner is the accused in C.C.No.2900/2023
on the file of the Court of the Judicial First Class
Magistrate, Taliparamba, which has arisen from Crime
No.27/2011, registered by the Kudiyanmala Police Station,
Kannur, alleging commission of the offence punishable
under Sections 143, 147, 148, 341, 323, 324 and 326 read
with Section 149 of the Indian Penal Code.
2. The petitioner has invoked the inherent jurisdiction
of this Court under Section 528 of the Bharatiya Nagarik
Surksha Sanhita, 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 petitioner and the respondents 2 and 3, who
have executed Annexures A4 and A5 affidavits, affirming
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the settlement.
3. I have heard the learned Counsel appearing for the
petitioner, 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.
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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
heinous or of a serious nature; no public interest or
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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, A2 Final Report and all further
proceedings in C.C.No.2900/2023 on the file of the Court
of the Judicial First Class Magistrate, Taliparamba, as
against the petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/31.10.25
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PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FIR ALONG WITH FIS IN
CRIME NO. 27/2011 OF KUDIYANMALA POLICE
STATION, DATED 29.11.2011
Annexure A2 A CERTIFIED COPY OF THE FINAL REPORT, MEMO OF
EVIDENCE ALONG WITH STATEMENTS OF AGGRIEVED
PERSONS IN CRIME NO.27/2011 OF KUDIYANMALA
POLICE STATION, DATED 28.12.2011
Annexure A3 A CERTIFIED COPY OF THE JUDGMENT IN C.C. NO.
707/2018 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, TALIPARAMBA, DATED 8-3-2023
Annexure A4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED
30-4-2025
Annexure A5 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED
30-4-2025
