Kerala High Court
Vivek K.K vs State Of Kerala on 15 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 347 OF 2021
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2025:KER:76568
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
CRL.MC NO. 347 OF 2021
CRIME NO.5/2019 OF Bekal Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.495 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/S:
1 VIVEK K.K.
AGED 42 YEARS
S/O.KUNHIKANNAN, JANCI NILAYAM, KEEKKAN, PALLIKKARA,
KASARAGOD-671 316.
2 THARANADH.M.
AGED 53 YEARS
S/O.RAMACHANDRA.P., MOODUMANE, KEEKKAN, PALLIKKARA,
KASARAGOD-671 316.
3 MANIKANDAN.K.,
AGED 41 YEARS
S/O.NARAYANAN, KATTAMBALLY, KEEKKAN, PALLIKKARA,
KASARAGOD-671 316.
4 SUDHEESAN.K.
AGED 34 YEARS
S/O.RAKHAVAN.K., KATTAMPALLY, CHETTUKUND, KEEKKAN,
PALLIKKARA, KASARAGOD-671 316.
5 VIJAYAN.K.,
AGED 56 YEARS
S/O.KANNAN, KANNAN NILAYAM, CHETTUKUND, KEEKKAN,
PALLIKKARA, KASARAGOD-671 316.
6 ASHOKAN.K.,
AGED 38 YEARS
S/O.KARIYAMBU, KATTAMBALLY, CHETTUKUND, KEEKKAN,
PALLIKKARA, KASARAGOD-671 316.
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7 MANEESH.K.,
AGED 26 YEARS
S/O.MANMADHAN, AVIYIL HOUSE, CHETTUKUND, KEEKKAN,
PALLIKKARA, KASARAGOD-671 316.
8 SATHEESAN.K.,
AGED 40 YEARS
S/O.PAKKIRAN, MOOKKODE, KEEKKAN, PALLIKKARA,
KASARAGOD-671 316.
9 PRASAD.K.C.,
AGED 34 YEARS
S/O.VENUGOPALAN, CHITHARI KADAPPURAM, CHITHARI
VILLAGE, KASARAGOD DISTRICT-671 316.
0 SREEJITH.K.,
AGED 24 YEARS
S/O.KUNHIKANNAN, KIZHAKKE VEEDU, KEEKKAN, PALLIKKARA,
KASARAGOD-671 316.
11 JAYAKUMAR.K.,
AGED 37 YEARS
S/O.NARAYANAN, MOTTAMMAL HOUSE, THOTTI, KIZHAKKEKKARA,
KEEKKAN, PALLIKKARA, KASARAGOD-671 316.
12 SARATH.K.,
AGED 23 YEARS
S/O.KUMARAN, CHITHARI KADAPPURAM, CHITHARI VILLAGE,
KASARAGOD DISTRICT-671 316.
13 BINEESH.C.K.,
AGED 33 YEARS
S/O.ANANDAN, CHITHARI KADAPPURAM, CHITHARI VILLAGE,
KASARAGOD DISTRICT-671 316.
14 PRAFUL,
AGED 22 YEARS
S/O.PRAKASHAN, PUNCHAVAYAL HOUSE, CHITHARI KADAPPURAM,
CHITHARI VILLAGE, KASARAGOD DISTRICT-671 316.
15 ARJUNAN.K.A.,
AGED 22 YEARS
S/O.ANIL KUMAR.K.N., CHITHARI KADAPPURAM, CHITHARI
VILLAGE, KASARAGOD DISTRICT-671 316.
16 AKSHAY.K.,
AGED 22 YEARS
S/O.SUBHASH.K., PUNCHAVAYAL HOUSE, CHITHARI
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KADAPPURAM, CHITHARI VILLAGE, KASARAGOD DISTRICT-671
316.
17 PRAMEESH.K.,
AGED 22 YEARS
S/O.MANMADHAN, AVIYIL HOUSE, CHETTUKUND, KEEKKAN,
PALLIKKARA, KASARAGOD DISTRICT-671 316.
18 RAJAN.K.,
AGED 37 YEARS
S/O.KRISHNAN, KATTAMPALLY HOUSE, CHETTUKUND, KEEKKAN,
PALLIKKARA, KASARAGOD DISTRICT-671 316.
BY ADV SRI.P.K.SUBHASH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031
2 MANIKANDAN.K.
AGED 40 YEARS
S/O.NARAYANAN NAIR, RESIDING AT VELUTHOLI, PAKKAM,
PANAYAL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671
315.
BY ADV SMT.S.ANU
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.S.DIAS, J.
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CRL.MC No.347 of 2021
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Dated this the 15th day of October, 2025
ORDER
The petitioners are accused in Crime No. 5/2019
registered by the Bakel Police Station, Kasaragod for the
offences punishable under Sections 143, 147, 148, 324 read
with Section 149 of the Indian Penal Code. The case is now
pending as C.C. No. 495/2019 before the Judicial First-Class
Magistrate Court-II, Hosdurg.
2. The petitioners have approached this Court under
Section 482 of the Code of Criminal Procedure, to quash
Annexures A I FIR, A II Final Report and all further
proceedings in C.C.No.495/2019. 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 2nd respondent (victim), who has
affirmed Annexure AIII affidavit, vouching for the settlement.
3. I have heard the learned Counsel appearing for the
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petitioners, 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 differences amicably. The 2nd respondent
is no longer desirous of pursuing the prosecution and has 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 party
respondent has voluntarily executed the affidavit. 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
offences are not grave or heinous, involving mental
depravity, and where the parties have amicably settled the
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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 2nd respondent has voluntarily executed the affidavit; 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.
In the result, the Crl.M.C is allowed. Accordingly,
Annexures A I FIR, A II Final Report in Crime No. 5/2019 of
the Bakel Police Station, Kasargod and all further
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proceedings in C.C. No.495/2019 on the file of the Judicial
First-Class Magistrate Court-II, Hosdurg, as against the
petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/15.10.25
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PETITIONER ANNEXURES
ANNEXURE AI A TRUE COPY OF THE FIR IN CRIME NO.5 OF 2019
OF BAKEL POLICE STATION, KASARAGOD.
ANNEXURE AII A TRUE COPY OF THE FINAL REPORT.
ANNEXURE A III A TRUE COPY OF THE AFFIDAVIT OF THE 2ND
RESPONDENT.
