Kerala High Court
Muhammed Suhail vs State Of Kerala on 16 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:77103
CRL.MC NO. 3895 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. 3895 OF 2025
CRIME NO.837/2021 OF Kasaba Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.21 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,KOZHIKODE
PETITIONERS/ACCUSED 1 TO 3:
1 MUHAMMED SUHAIL,
AGED 31 YEARS
S/O. MUHAMMED BASHEER, PULAKKAL HOUSE, PALLIKUPU
POST, MANNARKAD, PALAKKAD, PIN - 678582
2 MUHAMMED ABOOBACKER,
AGED 32 YEARS
S/O. KUNJIMUHAMMED, KAVULLI HOUSE, KOTTAPPURAM
POST, OTTAPALAM, PALKKAD DISTRICT, PIN - 679101
3 ABDUL MUJEEB,
AGED 37 YEARS
S/O. AYAMUTTY, CHEMBOTHINKAL HOUSE, VELLILA POST,
MANKADA, MAALAPPURAM, PIN - 679324
BY ADV SHRI.E.C.AHAMED FAZIL
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER, KASBA,
KASBA POLICE STATION, PUTHIYARA, KOZHIKODE CITY,,
PIN - 673004
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CRL.MC NO. 3895 OF 2025
2
3 YASHIK ALAKKUZHIYIL,
AGED 37 YEARS
S/O. VEERAN ALAKKUZHIYIL, ALAKKUZHIYIL HOUSE,
NATTUKKAL POST, MANNARKKAD VIA, PALAKKAD DISTRICT,
PIN - 678583
BY ADV SHRI.A AL FAYAD
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:
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CRL.MC NO. 3895 OF 2025
3
ORDER
Dated this the 16th day of October, 2025
The petitioners are accused Nos.1 to 3 in Crime
No.837/2021 registered by the Kasaba Police Station,
Kozhikode, which is registered against the accused
persons for allegedly committing the offences punishable
under Sections 341, 323, 324 and 506(ii) read with
Section 34 of the Indian Penal Code. The case is now
pending as C.C. No. 21 of 2022 before the Judicial First-
Class Magistrate Court-III, Kozhikode.
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, 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 third respondent
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CRL.MC NO. 3895 OF 2025
(injured), who has affirmed Annexure A-3 affidavit,
vouching for the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the
learned Counsel for the third 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 third
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
third 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
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CRL.MC NO. 3895 OF 2025
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 third 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
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CRL.MC NO. 3895 OF 2025
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.
837 of 2021 of the Kasaba Police Station and all further
proceedings in C.C. No. 21 of 2022 on the file of the
Judicial First-Class Magistrate Court-IIII, Kozhikode, as
against the petitioners, are hereby quashed.
SD/-
rmm16/10/2025
C.S.DIAS, JUDGE
2025:KER:77103
CRL.MC NO. 3895 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIRST INFORMATION REPORT
DATED 15.11.2021 ALONG WITH FIRST
INFORMATION STATEMENT IN CRIME NO. 837 OF
2021 OF KASBA POLICE STATION, KOZHIKODE
CITY
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED
16.12.2021 IN IN CRIME NO. 837 OF 2021 OF
KASBA POLICE STATION, KOZHIKODE CITY
ALONG WITH MEMORANDUM OF EVIDENCE
Annexure A3 AFFIDAVIT DATED 19.02.2025 SWORN BY THE
RESPONDENT NOS. 3 BEFORE EMBASSY OF INDIA
AT UAE
