Kerala High Court
Joy vs State Of Kerala on 31 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8824 OF 2022
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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. 8824 OF 2022
CRIME NO.767/2018 OF North Paravur Police Station, Ernakulam
PETITIONER/ACCUSED:
JOY
AGED 52 YEARS
MANGALATH PUTHANPURAYIL, ODIKUZHI DESHAM,
KOORACHUNDU VILLAGE, KOYILANDI TALUK, KOYILANDI
P.O., KOZHIKKODU DISTRICT., PIN - 673305
BY ADVS.
SRI.M.K.FAISAL
SHRI.M.A.ANZAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SAVARKAR
AGED 59 YEARS
KAITHAVALAPPIL HOUSE, PUNNAKACHAL KARA,
KAIPAMANGALAM VILLAGE, KAIPANAGALAM P.O. TRISSUR
DISTRICT, PIN - 680681
BY ADVS.
PUBLIC PROSECUTOR
SMT.K.G.PREETHY
CRL.MC NO. 8824 OF 2022
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OTHER PRESENT:
SR PP SMT SEETHA S
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. 8824 OF 2022
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C.S.DIAS, J.
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Crl.M.C. No. 8824 OF 2022
-----------------------------------------
Dated this the 31st day of October, 2025
ORDER
The petitioner is the accused in S.C.No.138/2020
on the file of the Principal Assistant Sessions Court, North
Paravur (Trial Court) which has arisen from Crime
No.767/2018 registered by the North Paravur Police
Station alleging commission of offence punishable under
Section 308 of the Indian Penal Code ('IPC', in short) and
Sections 134A and 134B of the Motor Vehicles Act, 1988
(M.V. Act, in short)
2. The petitioner has stated in the Crl. M.C.
that the dispute that led to the alleged incident and the
registration of the crime has been amicably settled
between him and the 2nd respondent, who in turn has
executed Annexure-3 affidavit vouching the settlement.
Therefore, Annexure 2 charge sheet and all further
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proceedings in S.C.No.138/2020 on the file of the
Principal Assistant Sessions Court, North Paravur may be
quashed.
3. I have heard the learned Counsel for the
petitioner, learned Public Prosecutor and the learned
Counsel for the 2nd respondent.
4. The learned Counsel for the petitioner and
the learned Counsel for the 2nd respondent submit that,
with the intervention of relatives and well-wishers, the
dispute which led to the registration of the crime has
been amicably settled. The 2nd respondent is no longer
desirous of pursuing the prosecution. Consequently, the
2nd respondent has filed an affidavit stating that he has no
objection in the Crl.M.C being allowed.
5. The learned Public Prosecutor, on instructions
submits that the Investigating Officer has reported that
the parties have arrived at a genuine and bonafide
settlement. However, the State has an objection in the
offences under Sections 134A and 134B of the M.V.Act
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being quashed as per the settlement arrived at between
the parties because the said offences are committed
against the State, and the same cannot be quashed based
on a settlement. Therefore, Annexure 2 final report in
respect of the offence under Section 308 of IPC may be
quashed, and the offences under Sections 134A and 134B
of the M.V.Act may be directed to be tried by the
jurisdictional court. It would be upto the petitioner to
plead guilty before the Trial Court.
6. The learned counsel for the petitioner submits
that the petitioner is willing to plead guilty to the offences
charged under the M.V.Act.
7. The Hon'ble Supreme Court in Gian Singh
v. State of Punjab [(2012) 10 SCC 303], Madan Mohan
Abbot v. State of Punjab [(2008) 4 SCC 582], Naushey Ali
v. State of U.P. [(2025) 4 SCC 78], and in a plethora of
judgments, has held that in the facts and circumstances of
a case and to secure the ends of justice, where the High
Court is satisfied that an amicable settlement has been
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arrived at between the parties and the offence is not
serious in nature involving mental depravity, criminal
proceedings may be quashed.
8. On an overall consideration of the facts and the
circumstances of the case and the materials on record, I
am satisfied that the offence under Section 308 IPC is not
attracted, no public interest or element of social concern
is involved, the chances of conviction in respect of the
offence under Section 308 is remote and the continuation
of the proceeding in respect of the said offence will only
be a wastage of judicial time. Therefore, I find that this is
a fit case to quash Annexure-2 final report in respect of
the offence punishable under Section 308 of the IPC.
However, as the 2nd respondent is not the victim in
respect of the offences under the M.V.Act and the State
has raised an objection to quash the offences as per the
settlement, I am not inclined to exercise the inherent
powers of this Court under Section 482 of the CR.P.C. to
quash the said offences under the M.V. Act.
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In the result, this Crl.M.C. is partly allowed in the
following manner:-
(i) Annexure 1 FIR, Annexure 2 Charge Sheet and
all further proceedings in S.C.No.138/2020 of the Trial
Court, in respect of the offence under Section 308 of IPC,
as against the petitioner, are hereby quashed.
(ii) The petitioner would be at liberty to plead
guilty to the charges in respect of the offences under
Section 134A and 134B of the M.V. Act, before the Trial
Court, within one month from the date of receipt of the
copy of this order.
(iii) If the petitioner approaches the Trial Court
to plead the above charges, then the Trial Court shall
advance the hearing of the case, notwithstanding this
Court quashing the offence under Section 308 of the IPC,
permit the petitioner to plead guilty to the offences under
the M.V.Act, and proceed in accordance with law.
(iv) On the contrary, if the petitioner fails to plead
guilty within the prescribed time period, the Trial Court
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would be at liberty to try the offences or re-transmit the
case to the competent jurisdictional court for the trial of
the offences under the M.V. Act.
(v) The Registry is directed to forward a copy of
this order to the Trial Court.
SD/-
C.S.DIAS, JUDGE
rkc/31.10.25
CRL.MC NO. 8824 OF 2022
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PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE FIR AND FIS IN CRIME NO:
767/2018 OF N.PARAVUR POLICE STATION.
Annexure2 CERTIFIED COPY OF THE CHARGE SHEET FILED
IN CRIME NO: 767/2018 OF N.PARAVUR POLICE
STATION.
Annexure3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 25-11-2022
