Kerala High Court
Harikrishnan C.V vs State Of Kerala on 31 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 9122 OF 2025 1 2025:KER:82481
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. 9122 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.840 OF 2025 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/ACCCUSE
1 HARIKRISHNAN C.V,
AGED 34 YEARS
S/O. VENUGOPALAN,CHANIYAMURIYIL MALIKA VEEDU.PUCHIRI
LANE, THEVARA P.O, KOCHI, PIN - 682013
2 NANDAGOPAL S.
AGED 30 YEARS
S/O. SASEENDRAN, KADUVANKASSERY HOUSE,NN 57, PUTHIYA
ROAD, KADAVANTHRA, KOCHI, PIN - 682020
3 SREEJA C.R,
AGED 56 YEARS
W/O. SASEENDRAN, KADUVANKASSERY HOUSE,NN 57, PUTHIYA
ROAD, KADAVANTHRA, KOCHI, PIN - 682020
BY ADV SRI.MANU ROY
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 AVISHEK GHOSH ROY,
AGED 43 YEARS
S/O. PINAKKI, FLAT NO: B1,BLUE MOON APARTMENT,
NETHAJI NAGAR,KADAVANTHRA P.O, KOCHI, PIN - 682020
3 AVINASH SAMUEL,
AGED 16 YEARS
CRL.MC NO. 9122 OF 2025 2 2025:KER:82481
S/O. AVISHEK GHOSH ROY, FLAT NO: B1,BIUE MOON
APARTMENT, NETHAJI NAGAR,KADAVANTHRA P.O, KOCHI, PIN
- 682020
4 ARDRIK SOLOMEN,
AGED 14 YEARS
S/O. AVISHEK GHOSH ROY, FLAT NO: B1,BLUE MOON
APARTMENT, NETHAJI NAGAR,KADAVANTHRA P.O, KOCHI, PIN
- 682020
BY ADV SHRI.DEEPESH E.S
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. 9122 OF 2025 3 2025:KER:82481
C.S.DIAS, J.
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CRL.MC NO. 9122 OF 2025
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Dated this the 31st day of October, 2025
ORDER
The petitioners are accused Nos. 1 to 3 in
C.C.No.840/2024 on the file of the Court of the
Additional Chief Judicial Magistrate (Economic
Offences), Ernakulam, which has arisen from Crime
No.685/2024 registered by the Ernakulam Town South
Police Station, alleging the commission of the offences
punishable under Sections 115(2), 118(1), and 126(2)
r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
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
been amicably settled between the petitioners and the
CRL.MC NO. 9122 OF 2025 4 2025:KER:82481
2nd respondent, the natural guardian of respondents 3
and 4, and the respondents 2 to 4 have executed
Annexures A6 to A8 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 respondent 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 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
CRL.MC NO. 9122 OF 2025 5 2025:KER:82481
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
element of societal concern is involved; the chances of
CRL.MC NO. 9122 OF 2025 6 2025:KER:82481
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 A2 Final Report in Crime No. 685/2024 of the
Ernakulam Town South Police Station and all further
proceedings in C.C. No.840/2024 on the file of the Court
of the Additional Chief Judicial Magistrate (Economic
Offences), Ernakulam, as against the petitioners, are
hereby quashed.
Sd/-
C.S.DIAS,JUDGE
SCB/31.10.25.
CRL.MC NO. 9122 OF 2025 7 2025:KER:82481
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF FIR & FI STATEMENT IN
CRIME NO: 685/24 OF ERNAKULAM TOWN SOUTH
POLICE STATION
Annexure.A2 CERTIFIED COPY OF FINAL REPORT DATED 17-08-
24 NUMBERED AS C.C NO: 840/2024 WITH THE
STATEMENT OF ALL THE WITNESSES
Annexure.A3 TRUE COPY OF THE COMPLAINT DATED 06-08-2024
FILED BEFORE THE ACJM(EO) COURT, ERNAKULAM
Annexure.A4 TRUE COPY OF THE MEDIATION REPORT IN C.C
NO: 840/2024
Annexure.A5 TRUE COPY OF THE MEDIATION REPORT IN C.C
NO: 925/2024
Annexure.A6 TRUE COPY OF AFFIDAVIT FILED BY THE 2ND
RESPONDENT
Annexure.A7 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT
Annexure.A8 TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH
RESPONDENT
