Kerala High Court
Muhammed Riyas P. P vs State Of Kerala on 31 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8730 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. 8730 OF 2025
CRIME NO.341/2024 OF Kannur City Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.655 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANNUR
PETITIONER/S:
MUHAMMED RIYAS P. P,AGED 33 YEARS
S/O P P MUHAMMED, RAHMANIYA MANZIL, KANDAKKAI PO,KANNUR
DISTRICT, PIN - 670602
BY ADVS.
SRI.DEEPAK RAJ
SMT.BEVINA RAMACHANDRAN
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
2 MARSOOK K,AGED 33 YEARS,S/O EBRAHIM K P, KANDAMBETH
HOUSE,KANDAKKAI (PO)KAYARALAM,KANNUR DISTRICT, PIN -
670602
BY ADV SMT.ASWATHY K.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:
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C.S.DIAS, J.
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CRL.MC No.8730 OF 2025
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Dated this the 31st day of October, 2025
ORDER
The petitioner is the accused in C.C.No.655/2024
on the file of the Court of the Judicial First Class
Magistrate-II, Kannur, which has arisen from Crime
No.341/2024, registered by the Kannur City Police
Station, Kannur, alleging commission of the offence
punishable under Sections 341, 323, 324, 294(b) and 506
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 2nd respondent, who has
executed Annexure III affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioner, 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 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
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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
element of societal concern is involved; the chances of
conviction are remote in view of the settlement; and the
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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.655/2024 on the file of the Court of
the Judicial First Class Magistrate-II, Kannur, as against
the petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/31.10.25
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PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE FIRST INFORMATION
REPORT ALONG WITH THE FIRST INFORMATION
STATEMENT GIVEN BY THE DE-FACTO COMPLAINANT
IN CRIME NO.341/2024 OF KANNUR CITY POLICE
STATION, KANNUR DISTRICT, DATED 23/6/2024
Annexure II CERTIFIED COPY OF THE FINAL REPORT IN CC NO.
655/2024 PENDING BEFORE THE HON'BLE JFCM-II,
KANNUR, DATED 6/7/2024
Annexure III AFFIDAVIT DATED 25.09.2025 DRAWN BY THE 2ND
RESPONDENT/ DE FACTO COMPLAINANT
