Kerala High Court
Sadik Nechikkal vs State Of Kerala on 16 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:77102
CRL.MC NO. 6790 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
CRL.MC NO. 6790 OF 2025
CRIME NO.206/2019 OF Changaramkulam Police Station,
Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.446 OF 2019
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED NOS.1 TO 13:
1 SADIK NECHIKKAL
AGED 33 YEARS
S/O. MUHAMMED, NECHIKKAL HOUSE, PALLIKKARA,
NANNAMUKKU POST, CHANGARAMKULAM, MALAPPURAM
DISTRICT, PIN - 679575
2 HANEEFA OV
AGED 58 YEARS
S/O. KUNJAVA, OSSARUVEETIL HOUSE, PALLIKKARA,
NANNAMUKKU POST, CHANGARAMKULAM, MALAPPURAM
DISTRICT, PIN - 679575
3 KAREEM
AGED 51 YEARS
S/O. KUNJAVA, OSSARUVEETIL HOUSE, PALLIKKARA,
NANNAMUKKU POST, CHANGARAMKULAM, MALAPPURAM
DISTRICT, PIN - 679575
4 NIHAL @ MUHAMMED
AGED 23 YEARS
S/O. NAVAS, ALUNGAL HOUSE, PALLIKKARA, NANNAMUKKU
POST, CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN -
679575
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CRL.MC NO. 6790 OF 2025
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5 ASHRAF
AGED 56 YEARS
S/O. KUNJUMUHAMMED, PURATHITTA, PALLIKKARA,
NANNAMUKKU POST, CHANGARAMKULAM, MALAPPURAM
DISTRICT, PIN - 679575
6 RAHEEM
AGED 38 YEARS
S/O. ABDUL KAREEM, KARUPPAM VEETIL HOUSE,
PALLIKKARA, NANNAMUKKU POST, CHANGARAMKULAM,
MALAPPURAM DISTRICT, PIN - 679575
7 SURENDRAN
AGED 49 YEARS
S/O. CHANDU, APPATUVALAPPIL HOUSE, PALLIKKARA,
NANNAMUKKU POST, CHANGARAMKULAM, MALAPPURAM
DISTRICT, PIN - 679575
8 HARIS
AGED 36 YEARS
S/O. MUHAMMED, MALIYEKKAL HOUSE, PIDAVANNUR POST,
NANNAPUZHA, CHANGARAMKULAM, MALAPPURAM DISTRICT,
PIN - 679574
9 SHABEER AV
AGED 46 YEARS
S/O. ABOOBACKER, MECHINDATHUVALAPPIL HOUSE,
PALLIKKARA, NANNAMUKKU POST, CHANGARAMKULAM,
MALAPPURAM DISTRICT, PIN - 679575
0 ASHRAF
AGED 46 YEARS
S/O. ABOOBACKER, KEDATHEL HOUSE, PALLIKKARA,
NANNAMUKKU POST, CHANGARAMKULAM, MALAPPURAM
DISTRICT`, PIN - 679575
11 ALI
AGED 44 YEARS
A/O. AHAMMED, KILIYIL HOUSE, PALLIKKARA, NANNAMUKKU
POST, CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN -
679575
12 SAYED MUHAMMED RAFEEK
AGED 37 YEARS
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CRL.MC NO. 6790 OF 2025
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S/O. MUTHUKOYA THANGAL, PALLIKADATH HOUSE,
PALLIKKARA, NANNAMUKKU POST, CHANGARAMKULAM,
MALAPPURAM DISTRICT, PIN - 679575
13 MANSOOR
AGED 34 YEARS
S/O. SULAIMAN, KODIYIL HOUSE, PALLIKKARA,
NANNAMUKKU POST, CHANGARAMKULAM, MALAPPURAM
DISTRICT, PIN - 679575
BY ADV SHRI.E.C.AHAMED FAZIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER, CHANGARAMKULAM
CHANGARAMKULAM POLICE STATION, NANNAMUKKU POST,
CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN - 679575
3 ABDUTTY
AGED 67 YEARS
EDASSERY VALAPPIL HOUSE,NANNAMUKKU POST, PALLIKARA
DESOPM, CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN -
679575
4 MANIKANDAN
AGED 54 YEARS
KIZHAKKE VALAPPIL HOUSE, NANNAMUKKU VILLAGE,
KALLURMA DESAM, NANNAMUKKU POST, PONNANI TALIK,
MALAPPURAM DISTRICT, PIN - 679575
5 JYOTHI BASU
AGED 45 YEARS
S/O. NARAYANAN, MECHINATH PARAMPIL HOUSE,
NANNAMUKKU VILLAGE, PALLIKKARA DEAM, NANNAMUKKU
POST, PONNANI TALUK, MALAPPURAM DISTRICT, PIN -
679575
6 SHANAVAS
AGED 41 YEARS
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CRL.MC NO. 6790 OF 2025
4
ULIYATH POTTAYIL HOUSE, NANNAMUKKU VILLAGE,
MOOKKUTHALA DEAM, MOOKKUTHALA POST, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN - 679574
7 SATHYAN
AGED 50 YEARS
THIRUMANGALATH HOUSE, NANNAMUKKU VILLAGE,
PALLIKKARA DESAM, NANNAMUKKU POST, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN - 679575
BY ADV SHRI.A AL FAYAD
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 16th day of October, 2025
The petitioners are accused Nos.1 to 13 in Crime
No.206 of 2019 registered by the Changaramkulam Police
Station, for the offences punishable under Sections 143,
147, 148 and 324 read with Section 149 of the Indian
Penal Code. The case is now pending as C.C. No.
446/2019 before the Judicial First-Class Magistrate
Court-I, Ponnani.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure A1 FIR, Annexure A2 Final
Report and all further proceedings in the above crime. 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 to 7 (injured), who have affirmed
Annexures A3 to A7 affidavits, vouching for the
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settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the
learned Counsel for the respondents 3 to 7.
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
respondents 3 to 7 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 to 7 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
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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 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 to 7 have voluntarily
executed the affidavits; the chances of conviction are
remote in view of the settlement; and the continuation of
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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,
Annexure A1 FIR, Annexure A2 Final Report in Crime
No. 206 of 2019 of the Changaramkulam Police Station
and all further proceedings in C.C. No. 446 of 2019 on the
file of the Judicial First-Class Magistrate Court, Ponnani,
as against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm16/10/2025
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CRL.MC NO. 6790 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT
ALONG WITH FIRST INFORMATION STATEMENT IN
IN CRIME NO. 206 OF 2019 OF
CHANGARAMKULAM POLICE STATION, MALAPPURAM
DISTRICT
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED
14.02.2022 IN IN IN CRIME NO. 206 OF 2019
OF CHANGARAMKULAM POLICE STATION,
MALAPPURAM DISTRICT ALONG WITH MEMORANDUM
OF EVIDENCE
Annexure A3 AFFIDAVIT DATED 15.07.2025 SWORN BY THE
Annexure A4 AFFIDAVIT DATED 15.07.2025 SWORN BY THE
Annexure A5 AFFIDAVIT DATED 15.07.2025 SWORN BY THE
Annexure A6 AFFIDAVIT DATED 15.07.2025 SWORN BY THE
Annexure A7 AFFIDAVIT DATED 15.07.2025 SWORN BY THE
