Adarsh vs State Of Kerala
2025 Latest Caselaw 9786 Ker

Kerala High Court

Adarsh vs State Of Kerala on 16 October, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                       2025:KER:77150


              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. 8042 OF 2025
    CRIME NO.3233/2017 OF Adoor Police Station, Pathanamthitta
        AGAINST THE ORDER/JUDGMENT DATED IN CC NO.557 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR

PETITIONERS/ACCUSED NOS. 1, 2 AND 4 TO 27:

    1       ADARSH,
            AGED 29 YEARS
            S/O.YESODARAN,LAKSHMI ,HAVAN,KUNNATHOOR,
            VILLAGE,PUTHANAMBALAM,P.O,
            TATHANAMTHITTA DISTRICT, PIN - 691553

    2       AFSAL,
            AGED 30 YEARS
            S/O.BADARUDHEEN,AFSAL MANZIL,
            KANNAMKODE,ADOOR.P.O,
            PATHANAMTHITTA, PIN - 691523

    3       ABDUL RAHMAN,
            AGED 35 YEARS
            S/O.KAMALUDHEEN,PANTRAKUZHIYIL
            VEEDU,PAZHAKULAM.P.O,PALLICKAL,
            PATHANAMTHITTA, PIN - 691554

    4       SHAMIN,
            AGED 37 YEARS
            S/O.SAINUDEEN.A,KOTTAKOIKKAL
            VADAKKETHIL,NEDUMON.P.O,EZHAMKULAM,
            CHAYALODE,PATHANAMTHITTA, PIN - 691556

    5       VISHNU GOPAL.S,
            AGED 28 YEARS
            S/O.SAILESH KUMAR,SAILESH BHAVAN,
            NADUVILE MURI,MANNADI,P.O,KADAMBANADU
            VILLAGE,PATHANAMTHITTA, PIN - 691530

    6       MANU.M,S,
            AGED 28 YEARS
            S/O.MANIRADHAN.P.S,PUNARTHAM VEETTIL,
            MULAKKUZHA VILLAGE. AREEKKARA.P.O,
            ALAPPUZHA, PIN - 689505
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     7     LIJO GEORGE,
           AGED 28 YEARS
           S/O.GEORGE ALEXANDER,PALAVILA
           VEEDU,ELAMPAL.P.O,PUNALUR,
           VILAKKUDY, KOLLAM, PIN - 691322

     8     AJAI KRISHNA,
           AGED 28 YEARS
           S/O.JAYA CHANDRAN,JINI BHAVAN,
           KOODAL MURI, KOODAL VILLAGE, NEDUMON
           KAVU,PATHANAMTHITTA, PIN - 689693

     9     SURAJ.S.J,
           AGED 27 YEARS
           S/O.SURENDRAN,SURESH BHAVAN,
           KOKKADU.P.O,ARACKAL,KOTTARAKKARA,
           VETTIKKAVALA,KOLLAM, PIN - 691538

     0     ANOOP.B,
           AGED 26 YEARS
           S/O.BABU,PERUMALA HOUSE,ANGADICKAL NORTH.P.O,
           KODUMON VILLAGE,KAIPATTOOR,
           PATHANAMTHITTA, PIN - 689648

    11     AKSHAYA BOSE.K.S,
           AGED 27 YEARS
           S/O.SUBHASH CHANDRA BOSE,
           KOONAM CHIRAVELI,C.M.C.18,VTC,
           CHERTHALA NORTH(PART),
           ALAPPUZHA, PIN - 688524

    12     R.RAHUL KRIISHNAN
           AGED 28 YEARS
           S/O.RADHAKRISHNAN NAIR,BINDU NIVAS,
           AYYARKULANGARA, THEKKENADA.P.O,
           NADUVILA,KOTTAYAM, PIN - 686142

    13     JUDHI KRISHNA
           AGED 28 YEARS
           S/O.S.SATHEESH KUMAR,SWATHY,KARAKKAD,
           CHENGANNUR,ALAPPUZHA, PIN - 689504

    14     ADARSH NAIR
           AGED 28 YEARS
           S/O.ANIL KUMAR,CHAYTHANYAM,
           KOTTA.P.O,KIDANGANNOOR,
           PATHANAMTHITTA, PIN - 689514

    15     AJEEM SHAH.M.S
           AGED 28 YEARS
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           S/O.MOHAMMED SHAJI,SHAH VILLA,
           KUNNICODU.P.O, VILAKKUDY,KOLLAM, PIN - 691508

    16     ANANDHU.A
           AGED 28 YEARS
           S/O.ANIL.O.G,MANGALATHU VEETTIL,
           ,KALANJOOR.P.O,
           PATHANAMTHITTA, PIN - 689694

    17     ANISH
           AGED 29 YEARS
           S/O.BINCY ANI,VILAVINAL HOUSE,PUTHUMALA.P.O,
           EZHAMKULAM, PATHANAMTHITTA, PIN - 691554

    18     ANOOP.R,
           AGED 28 YEARS
           S/O.RAVEENDRAN PILLAI,POOVANKALA VILA
           VEETTIL,MYLAM.P.O,KOLLAM, PIN - 691560

    19     ANUVIND.A,
           AGED 25 YEARS
           S/O.ANIL KUMAR.C,KALAVARA
           KIZHAKKETHIL,THATTAYIL.P.O,PANDALAM,
           THEKKEKKARA,PATHANAMTHITTA, PIN - 691525

     0     ASHIKH.A.S,
           AGED 28 YEARS
           S/O.ABDUL LATHIF,ARUVALLIIYIL
           VEEDU,KARIYARA.P.O,KOLLAM, PIN - 691332

    21     ASWIN PRAKASH,
           AGED 28 YEARS
           S/O.PRAKASH KUMAR,PRANAVAM
           VEETTIL,MANCHALLOOR,PATHAMAPURAM.P.O,
           KOLLAM, PIN - 689695

    22     JITHIN RAJ,
           AGED 28 YEARS
           S/O.RAJENDRA KURUP,KARYADIYIL HOUSE,
           SOORANADU SOUTH,KAKKAKUNNU,
           KOLLAM, PIN - 690522

    23     SREEKUUTTAN.O
           AGED 26 YEARS
           S/O.OMANAKUTTAN PILLA,SREE BHAVAN,
           KARIYARA.P.O,KOLLAM, PIN - 691332

    24     VISHNU PRASAD,
           AGED 25 YEARS
           S/O.PRASAD,VELANGATETHIL VEETTIL,
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           PARAKKARA.P.O, PANDALAM THEKKEKKARA VILLAGE,
           THATTAYIL, ADOOR,PATHANAMTHITTA, PIN - 691525

    25     PRASANTH G NAIR,
           AGED 25 YEARS
           S/O.GOPALA KRISHNAN NAIR,REVATHY BHAVANAM,
           SALEMPURAM MURIYIL,ENADIMANGALAM VILLAGE,
           PATHANAPURAM,PATHANAMTHITTA, PIN - 689695

    26     AIMSON JOHNSON,
           AGED 28 YEARS
           S/O.JESSY JOHNSON,AIMSON VILLA,THUMPAMON
           NORTH.P.O,MEZHUVELI,ELAVUMTHITTA,
           PATHANAMTHITTA, PIN - 689625

           BY ADVS.
           SRI.T.K.BIJU (MANJINIKARA)
           SHRI.KURIEN BIJU



RESPONDENTS/STATE/DEFACTO COMPLAINANT:

     1     STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA,ERNAKULAM, PIN - 682031

     2     SUB INSPECTOR OF POLICE,
           [CRIME NO.3233/2017], ADOOR POLICE STATION,
           ADOOR.P.O.,PATHANAMTHITTA, PIN - 691523

     3     ANEESH,
           S/O.SURENDRAN,AGED 28 YEARS,KANJIRAVILA PUTHEN
           VEEDU,THUVAYOOR THEKKUMURI,KADAMMPANADU VILLAGE,
           ADOOR TALUK,PATHANAMTHITTA DISTRICT, PIN - 691552

           BY ADVS.
           SMT.ANNIE M.ABRAHAM
           SHRI.LIBIN JOSEPH


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:
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           Dated this the 16th day of October, 2025

                             ORDER

The petitioners are the accused 1, 2 and 4 to 27 in

Crime No. 3233/2017 registered by the Adoor Police

Station, Pathanamthitta District, which is registered

against the accused persons for allegedly committing the

offences punishable under Sections 143, 147, 294(b),

427, 447, 323, 506(i), 341 and 342 read with Section 149

of the Indian Penal Code. It is reported that the third

accused died during pendancy of the crime. The case is

now pending as C.C. No. 557/2018 on the file of the

Judicial First-Class Magistrate Court, Adoor,

Pathanamthitta.

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 C.C. No. 557/2018.

It is averred in the criminal miscellaneous case that the

dispute that led to the registration of the crime has been

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amicably settled between the petitioners and the third

respondent (victim), who has affirmed Annexure A3

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

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.

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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 do not have

criminal antecedents; the party respondent has

voluntarily executed the affidavit; the chances of

conviction are remote in view of the settlement; and the

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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. 3233/2017 of the Adoor Police Station and all further

proceedings in C.C. No. 557/2018 on the file of the

Judicial First Class Magistrate Court, Adoor, as against

the petitioners, are hereby quashed.

Sd/-

C.S.DIAS,JUDGE mtk/16.10.25

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PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.3233/2017 OF ADOOR POLICE STATION, PATHANAMTHITTA, DATED 03/11/2017 Annexure A2 CERTIFIED COPY OF THE FINAL REPORTNO.351/2017 DATED 26.12.2017 IN CRIME NO.3233/2017 OF ADOOR POLICE STATION, PATHANAMTHITTA Annexure A3 AFFIDAVIT DATED 23.08.2025 OF 3RD RESPONDENT