Kerala High Court
Vijayadas vs State Of Kerala on 31 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 4236 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. 4236 OF 2025
CRIME NO.316/2021 OF Kadakkavoor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.3406 OF 2021
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA
PETITIONERS/ACCUSED 1 TO 10:
1 VIJAYADAS
AGED 52 YEARS
S/O.VISWANADHAN, RESIDING AT ADHITHYAVILAKOM VEEDU,
VAKKOM, VAKKOM VILLAGE, THIRUVANANTHAPPURAM
DISTRICT., PIN - 695308
2 BIJU
AGED 50 YEARS
S/O.SADHASIVAN, RESIDING AT VINAYAKOM VEEDU,
PAATTIKKAVILA, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
3 BIBIN
AGED 30 YEARS
S/O.BABU, RESIDING AT PADINJATTUVILA, NEAR
KANNAMANGALAM TEMPLE, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
4 SAJITH
AGED 27 YEARS
S/O.SASIDHARAN, RESIDING AT OTTAKOMBUVEETTIL, NEAR
KANNAMANGALAM TEMPLE, VAKKOM, VAKKOM VILLAGE,
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CRL.MC NO. 4236 OF 2025
2
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
5 SAJI
AGED 50 YEARS
S/O.SASIDHARAN, RESIDING AT SIVADHARAM VEEDU, NEAR
GOVT HOSPITAL, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT, PIN - 695308
6 SUNROOP
AGED 32 YEARS
S/O.PRADEEP,RESIDING AT MANACAUD VEEDU, NEAR PUTHEN
NADA TEMPLE, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
7 AJITH
AGED 36 YEARS
S/O.SUSEELAN, RESIDING AT OTTUVILAKOM VEEDU, NEAR
KANNAMANGALAM TEMPLE, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
8 SUMESH
AGED 39 YEARS
, S/O.SUDEVAN, RESIDING AT OTTAVILAKOM VEEDU, NEAR
KANNAMANGALAM TEMPLE, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
9 JOOLI
AGED 36 YEARS
D/O.SASIKALA, RESIDING AT SOUPARNIKA, MOONAALUMOODU,
VAKKOM, VAKKOM VILLAGE, THIRUVANANTHAPPURAM
DISTRICT., PIN - 695308
10 LALI,
AGED 50 YEARS
D/O.BABI, RESIDING AT SANTHIVANAM VEEDU, NEAR GOVT
HOSPITAL, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
BY ADV SHRI.UNNIKRISHNAN R.
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CRL.MC NO. 4236 OF 2025
3
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 VEENA,
AGED 36 YEARS
D/O.LATHA, RESIDING AT CHIRAKKARA VEEDU, NEAR ANIMAL
HOSPITAL, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
3 SHAMNA
AGED 36 YEARS
D/O.HAYARUNISA, RESIFDING AT KUNNIL THEKKATHIL
VEEDU, VAKKOM, VAKKOM VILLAGE, THIRUVANANTHAPPURAM
DISTRICT., PIN - 695308
4 SHAMEER
AGED 36 YEARS
S/O.ABDUL HAKKEEM, RESIDING AT VAISYANTE VILAKAM,
POLICE MUKKU, VAKKOM, VAKKOM VILLAGE,
THIRUVANANTHAPPURAM DISTRICT., PIN - 695308
BY ADV SRI.AKHIL SUSEENDRAN
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.10.2025, 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. 4236 OF 2025
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Dated this the 31st day of October, 2025
ORDER
The petitioners are accused Nos.1 to 10 in
C.C.No.3406 of 2021 on the file of the Court of the Judicial
Magistrate of First Class-I, Varkala, which has arisen from
Crime No.316 of 2021 registered by the Kadakkavoor
Police Station, Thiruvananthapuram, alleging the
commission of the offences punishable under Sections
143, 147, 341, 323, 324 and 325 read 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
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been amicably settled between the petitioners and the
respondents 2 to 4, who have executed Annexures B to D
affidavits, affirming 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 to 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 2 to 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.
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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
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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 A Final Report and all further proceedings in
C.C. No. 3406 of 2021 on the file of the above court, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF THE FINAL REPORT IN
KADAKKAVOOR POLICE STATION,
THIRUVANANTHAPURAM CRIME NO. 316/2021
U/S.143, 147, 149, 341, 323, 324 AND 325
IPC PENDING AS CC NO.3406/2021 IN THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
VARKALA, THIRUVANANTHAPURAM
Annexure B AFFIDAVIT OF COMPROMISE OF RESPONDENT NO.
Annexure C AFFIDAVIT OF COMPROMISE OF RESPONDENT NO.3
Annexure D AFFIDAVIT OF COMPROMISE OF RESPONDENT NO.
