Kerala High Court
Anirudhan S vs State Of Kerala on 16 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:77093
CRL.MC NO. 7297 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. 7297 OF 2025
CRIME NO.190/2015 OF Anchuthengu Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1439 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA
PETITIONER/2ND ACCUSED :
ANIRUDHAN S,
AGED 60 YEARS
S/O SADASIVAN,RESIDING AT CHAYAKKARA
VEEDU,KADAKKAVUR, CHIRAYANKIZHU TALUK,
THIRUVANANTHAPURAM, PIN - 695306
BY ADVS.
SRI.T.I.UNNIRAJA
SRI.S.G.SREEKANTH
SRI.S.BADUSHA
SHRI.VAIDERSH H.S.
SHRI.R.S.VISRUTH
RESPONDENTS/STATE/ DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, KOCHI, PIN - 682031
2 STATION HOUSE OFFICER,
ANJUTHENGU POLICE STATION,THIRUVANANTHAPURAM, PIN -
2025:KER:77093
CRL.MC NO. 7297 OF 2025
2
695309
3 ANILKUMAR T,
AGED 49 YEARS
S/O THANKAPPAN,RESIDING AT VILAYIL VEEDU,BEHIND
VIDUTHIVILAKOM TEMPLE,ONNAMPALAM, NEDUMGANDA P.O,
THIRUVANANTHAPURAM. NOW RESIDING AT PANAYIL VEEDU,
KOONAYIL,PARAVOOR P.O., PARAVOOR (PART), PARAVOOR,
KOLLAM, PIN - 691301
BY ADV SHRI.MATHEW ABRAHAM
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:77093
CRL.MC NO. 7297 OF 2025
3
ORDER
Dated this the 16th day of October, 2025
The petitioner is the 2nd accused in Crime No.
190/2015 registered by the Anchuthengu Police Station,
Thiruvananthapuram for the offences punishable under
Sections 406 and 420 of the Indian Penal Code. The case
is now pending as C.C. No. 1439 of 2022 before the
Judicial First-Class Magistrate Court-I, Varkala.
2. The petitioner has 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 petitioner and the 3 rd
respondent (victim), who have affirmed Annexure A4
affidavit, vouching for the settlement.
3. I have heard the learned Counsel appearing for the
2025:KER:77093
CRL.MC NO. 7297 OF 2025
petitioner, the learned Public Prosecutor, and the learned
Counsel for the 3rd 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 3 rd
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
3rd 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
2025:KER:77093
CRL.MC NO. 7297 OF 2025
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 petitioner does not have criminal
antecedents; the 3rd 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
2025:KER:77093
CRL.MC NO. 7297 OF 2025
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.
190 of 2015 of the Anchuthengu Police Station and all
further proceedings in C.C. No. 1439 of 2022 on the file
of the Judicial First-Class Magistrate Court-I, Varkala as
against the petitioner, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm16/10/2025
2025:KER:77093
CRL.MC NO. 7297 OF 2025
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF FIR NO. 190/2015 OF
ANJUTHENGU POLICE STATION ALONG WITH THE
FIRST INFORMATION STATEMENT GIVEN BY THE
3RD RESPONDENT/DEFACTO-COMPLAINANT DATED
17.03.2015
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO. 1004 OF 2015 DATED 06.10.2015
Annexure A3 THE CERTIFIED COPY OF THE JUDGMENT IN
C.C.1004/2015 DATED 21/07/2022
Annexure A4 THE AFFIDAVIT SWORN IN BY THE 3RD
RESPONDENT/DEFACTO-COMPLAINANT DATED
24/06/2022 BEFORE NOTARY PUBLIC
