Kerala High Court
Sandhya P.B vs State Of Kerala on 16 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:77059
CRL.MC NO. 8565 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. 8565 OF 2025
CRIME NO.1342/2016 OF Udayamperoor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.78 OF 2023 OF
CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONERS/ACCUSED 1 & 3:
1 SANDHYA P.B.,
AGED 44 YEARS
D/O BHASI, KOTTEKKAVIL HOUSE,
PERUMPADANNA,KALLUCHIRA, NORTH PARAVUR, ERNAKULAM
DISTRICT., PIN - 683513
2 SANITHAP.B.
AGED 47 YEARS
D/O BHASI, RESIDING AT MANAKKATTUPARAMBU HOUSE,
ATHIRPPILLY, AYYAMPUZHA, ERNAKULAM DISTRICT., PIN -
680721
BY ADV SMT.DHYJY MOL M.D.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 SHAJI P.M,
AGED 55 YEARS
S/O MAMMUKKUTTI, RESIDING AT PUTHENPEEDIKAYIL
HOUSE,KULAYATTIKKARA, AMBALLUR, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682315
2025:KER:77059
CRL.MC NO. 8565 OF 2025
2
3 KRISHNANKUTTY P.D,
AGED 64 YEARS
S/O DAMODARAMENON, RESIDING AT THIDUNNAYIL HOUSE,
ATHIRTHI ROAD, PUTHIYAKAVU, UDAYAMPEROOR,
MANAKUNNAM VILLAGE, KANAYANNURTALUK, ERNAKULAM
DISTRICT., PIN - 682307
BY ADV
SRI.M.P.PRASANATH, PP
SMT.K.B.REKHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:77059
CRL.MC NO. 8565 OF 2025
3
C.S.DIAS, J.
---------------------------------------
Crl.M.C. No. 8565 of 2025
-----------------------------------------
Dated this the 16th day of October, 2025
ORDER
The petitioners are accused Nos.1 and 3 in Crime
No.1342 of 2016 registered by Udayamperoor Police
Station, Ernakulam for the offences punishable under
Sections 406 and 420 read with Section 34 of the Indian
Penal Code, Sections 4 and 5 of the Chitty Fund Act, 1982
and Sections 3 and 4 of the Money Circulation Scheme
Act, 1978. The case is now pending as C.C.No.78 of 2023
before the Chief Judicial Magistrate Court, Ernakulam.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure A1 F.I.R., 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
2025:KER:77059
CRL.MC NO. 8565 OF 2025
amicably settled between the petitioners and the
respondents 2 and 3 (victims), who have affirmed
Annexures A3 and A4 affidavits, 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 respondents 2 and 3.
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 respondents 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
party respondents have voluntarily executed the
affidavits. The State has no objection to the Crl.M.C.
2025:KER:77059
CRL.MC NO. 8565 OF 2025
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 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 does not have
criminal antecedents; the party respondents have
2025:KER:77059
CRL.MC NO. 8565 OF 2025
voluntarily executed the affidavits; 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,
Annexure A1 F.I.R., Annexure A2 Final Report in Crime
No. 1342 of 2016 of Udayamperoor Police Station and all
further proceedings in C.C. No. 78 of 2023 on the file of
the Chief Judicial Magitrate Court, Ernakulam, as against
the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
2025:KER:77059
CRL.MC NO. 8565 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO. 1342OF 2016 OF UDAYAMPEROOR POLICE
STATION, ERNAKULAM DISTRICTDATED
26.08.2016 REGISTERED BY THE 1ST
RESPONDENT
Annexure A2 THE CERTIFIED COPY OF THE CHARGE
SHEET/FINAL REPORTIN CRIME NO. 1342OF
2016 OF UDAYAMPEROOR POLICE STATION,
ERNAKULAM DISTRICT
Annexure A3 THE AFFIDAVIT DATED 15.09.2025 EXECUTED
BY THE 2ND RESPONDENT
AnnexureA 4 THE AFFIDAVIT DATED 15.09.2025 EXECUTED
BY THE 3RD RESPONDENT
