Kerala High Court
Muhammed Salih vs State Of Kerala on 17 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:77483
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
CRL.MC NO. 7693 OF 2025
CRIME NO.630/2024 OF Walayar Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.805 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PALAKKAD
PETITIONERS/accused nos. 1 to 5:
1 MUHAMMED SALIH,
AGED 21 YEARS
S/O SHAMSHUDEEN, KUNNATHUKALAM VEEDU,
VELIKKAD, MUNDUR ,PALAKKAD, PIN - 678592
2 GABRIEL ANSON ,
AGED 21 YEARS
S/O SANDHYAVURAJ,VATTAZHI HOUSE,
MAYAPALLAM, KANJIKODE,
PALAKKAD, PIN - 678621
3 SHIBIN LAL K ,
AGED 21 YEARS
S/O SHEEJA,NALLAMPURACKAL HOUSE,
IRACHIKKADU, PALLATHERI,
PALAKKAD, PIN - 678007
4 PRAMOD K ,
AGED 20 YEARS
S/O MADHAVAN,KONGATHU HOUSE,VADAKKANCHERRY ,
THRISSUR, PIN - 680582
5 HABEEB REHMAN K ,
AGED 21 YEARS
S/O KABEER, VATTAKULANGARA HOUSE,
CHUNGAMANNAM, MATHUR,PALAKKAD, PIN - 678571
BY ADV SHRI.SREERAJ R.
Crl. M.C. No. 7693 of 2025 -:2:-
2025:KER:77483
RESPONDENTs/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 VIJIL,
AGED 21 YEARS
S/O VIJAYAKUMAR,KORATH VEEDU,THENARI,
ELAPULLY ,PALAKKAD, PIN - 678622
BY ADVS.
SHRI.ROHIT BABEN
SHRI.R.AVINASH
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.10.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl. M.C. No. 7693 of 2025 -:3:-
2025:KER:77483
Dated this the 17th day of October, 2025
ORDER
The petitioners are the accused 1 to 5 in Crime No.
630/2024 registered by the Walayar Police Station,
Palakkad District, which is registered against the
accused persons for allegedly committing the offences
punishable under Sections 115(2), 118(1) and 126(2)
read with Section 3(5) of the Bharatiya Nyaya Sanhita
('the BNS' for short), 2023. The case is now pending
C.C. No. 805/2024 on the file of the Court of the Judicial
First Class Magistrate-I, Palakkad.
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 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 second
respondent (victim), who has affirmed Annexure A3
2025:KER:77483
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 second 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.
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
2025:KER:77483
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
continuation of the proceedings would merely burden the
judicial process without advancing the cause of justice.
Furthermore, the settlement would promote harmony
2025:KER:77483
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. 630/2024 of the Walayar Police Station,and all
further proceedings in C.C. No. 805/2024 on the file of
the Court of the Judicial First Class Magistrate-I,
Palakkad, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/17.10.25
2025:KER:77483
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
0630/2024 OF WALAYAR POLICE STATION DATED
17/07/2024
Annexure A1(a) CERTIFIED COPY OF THE FIS IN CRIME NO.
0630/2024 OF WALAYAR POLICE STATION DATED
17/07/2024
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED
30/07/2024 IN CRIME NO. 0630/2024 OF
WALAYAR POLICE STATION
Annexure A3 TRUE COPY OF THE AFFIDAVIT OF 2ND
RESPONDENT DATED 15/08/2025
