Kerala High Court
M. N. Kunjumon vs State Of Kerala on 16 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:76940
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. 8134 OF 2025
CRIME NO.690/2007 OF Chengannoor Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1623 OF 2009 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONER/ACCUSED:
M. N. KUNJUMON
AGED 73 YEARS
S/O NANU, RESIDING AT 'MANNARTHUNDIYIL VEEDU', BUDHANUR
KIZHAKKU MURI, ENAKKADU VILLAGE, PULIYOOR, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689510
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SHRI.AKASH JOSHI
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SMT.RICHA ANNA GEORGE
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
CHENGANNUR POLICE STATION,
ALAPPUZHA DISTRICT, PIN - 686105
3 SADANANDAN
AGED 65 YEARS
S/O NANU, 'MANNARTHUNDIYIL VEEDU',
BUDHANUR KIZHAKKU MURI, ENAKKADU VILLAGE, PULIYOOR,
CHENGANNUR, ALAPPUZHA
PRESENTLY RESIDING AT 78,
Crl. M.C. No 8134 of 2025 -:2:-
2025:KER:76940
KHODIYAR NAGAR SOCIETY, NAVAGAM,
DINDOLI, SURAT , GUJARAT, PIN - 394210
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SRI C S HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No 8134 of 2025 -:3:-
2025:KER:76940
Dated this the 16th day of October, 2025
ORDER
The petitioner is the accused in Crime No. 690 of
2007 registered by the Chengannur Police Station,
Alappuzha District, which is registered against him for
allegedly committing the offences punishable under
Sections 420, 468 and 471 of the Indian Penal Code. The
case is now pending as C.C. No. 1623 of 2009 on the file
of the Judicial First-Class Magistrate Court-I,
Chengannur, Alappuzha.
2. The petitioner has approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure A1 FIR and 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 third
2025:KER:76940
respondent (victim), who has affirmed Annexure A3
affidavit, vouching for the settlement.
3. I have heard the learned Counsel appearing for
the petitioner, 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
party 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.
2025:KER:76940
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 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 do not have
criminal antecedents; the party respondent has
voluntarily executed the affidavit; the chances of
2025:KER:76940
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,
Annexure A1 FIR, Annexure A2 Final Report in Crime
No. 690/2007 of the Chengannur Police Station and all
further proceedings in C.C. No. 1623/2009 on the file of
the Judicial First-Class Magistrate Court-I, Chengannur,
as against the petitioner, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/16.10.25
2025:KER:76940
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 14/12/2007 IN
CRIME NO. 690/2007 OF CHENGANNUR POLICE
STATION
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 26/07/2016 FILED BY THE 2ND
RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, CHENGANNUR
Annexure R3 THE AFFIDAVIT DATED 04/08/2025 SWORN BY
THE 3RD RESPONDENT SETTLING ALL DISPUTES
BETWEEN THE PARTIES
