Kerala High Court
Abdul Kausar vs State Of Kerala on 31 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8758 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. 8758 OF 2025
CRIME NO.77/2021 OF Badiadukka Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.699 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD
PETITIONER/S:
1 ABDUL KAUSAR,
AGED 36 YEARS
S/O. ABDU BYARI, RESIDING AT YEDRUKAJE HOUSE, ADKA,
ADYANADKA, KEPPU VILLAGE, DAKSHINA KANNADA DISTRICT,
STATE OF KARNATAKA, PIN - 574239
2 MOHAMMED ALI,
AGED 32 YEARS, S/O. ABDU BYARI, RESIDING AT YEDRUKAJE
HOUSE, ADKA, ADYANADKA, KEPPU VILLAGE, DAKSHINA
KANNADA DISTRICT, STATE OF KARNATAKA, PIN - 574239
3 MOHAMMED IMTHYAS,
S/O. ABDULLA, AGED 27 YEARS,RESIDING AT YEDRUKAJE
HOUSE, ADKA, ADYANADKA, KEPPU VILLAGE, DAKSHINA
KANNADA DISTRICT, STATE OF KARNATAKA, PIN - 574239
BY ADV SHRI.THOMAS JOHN P.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
BADIADKA POLICE STATION, KASARAGOD DISTRICT, PIN -
671310
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3 ABOOBAKER SIDDIQUE M,
AGED 29 YEARS,S/O. ABDULLA, RESIDING AT MARAKKANI
HOUSE, ADYANADKA POST, KEPPU VILLAGE, DAKSHINA KANNADA
DISTRICT, STATE OF KARNATAKA, PIN - 574239
4 SHAHUL HAMEED,
AGED 45 YEARS, S/O. MOOSA KUNHI,RESIDING AT
MOODAMBAIL, ADYANADKA POST, KEPPU VILLAGE, DAKSHINA
KANNADA DISTRICT,STATE OF KARNATAKA, PIN - 574239
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
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. 8758 OF 2025
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C.S.DIAS, J.
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CRL.MC No.8758 OF 2025
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Dated this the 31st day of October, 2025
ORDER
The petitioners are accused 1 to 3 in
C.C.No.699/2021 on the file of the Court of the Judicial First
Class Magistrate-II, Kasargod, which arises out of Crime
No.77/2021 registered by the Badiadka Police Station,
Kasargod for the offences punishable under Sections 341,
324 and 326 read with Section 34 of the Indian Penal Code.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexures A2 final report and all further
proceedings in C.C.No.699/2021. It is averred in the criminal
miscellaneous case that the dispute that led to the
registration of the crime has been amicably settled between
the petitioners and the respondents 3 and 4, who have
affirmed Annexures A3 and A4 affidavits, vouching for the
settlement.
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3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 3 and 4.
4. The learned counsel on either side submit that,
with the intervention of relatives and well-wishers, the
parties have resolved their differences amicably. The
respondents 3 and 4 are no longer desirous of pursuing the
prosecution and have no objection in 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 bona fide settlement and the
respondents 3 and 4 have voluntarily executed the affidavits.
The State has no objection to the Crl.M.C. being allowed.
6. The 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 catena of
decisions, has authoritatively held that in cases where the
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offences are not grave or heinous, involving mental
depravity, and where the parties have amicably settled the
dispute, the High Court, to secure the ends of justice, may
invoke its inherent powers to quash the proceedings,
particularly if continuation of the prosecution would serve no
fruitful purpose.
7. On a consideration of the facts and circumstances
of the present case, I am satisfied that: the offences alleged
are not heinous or of a serious nature, involving mental
depravity; no public interest or element of societal concern is
involved; the petitioners do not have criminal antecedents;
the respondents 3 and 4 have voluntarily executed the
affidavits; 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 finds this as a fit case to exercise its inherent
jurisdiction.
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In the result, the Crl.M.C is allowed. Accordingly,
Annexures A1 FIR, A2 Final report and all further
proceedings in C.C.No.699/2021 on the file of the Court of
the Judicial First Class Magistrate-II, Kasargod, as against
the petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/31.10.25
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PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE F.I.R DATED
03.02.2021 IN CRIME NO.77/2021 OF BADIADKA
POLICE STATION, KASARAGOD DISTRICT
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED
28.07.2021 IN CRIME NO.77/2021 OF BADIADKA
POLICE STATION, KASARAGOD DISTRICT
Annexure A3 THE AFFIDAVIT DATED 22.09.2025 SWORN IN BY
THE THIRD RESPONDENT
Annexure A4 THE AFFIDAVIT DATED 22.09.2025 SWORN IN BY
THE 4TH RESPONDENT
