Kerala High Court
Muhammed Shan vs State Of Kerala on 17 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:77418
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. 8374 OF 2025
CRIME NO.250/2010 OF Pothencode Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.369 OF 2021
OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT,ATTINGAL
PETITIONER/ACCUSED:
MUHAMMED SHAN,
AGED 36 YEARS
S/O SHARAFUDEEN, S.N. VILLA,
MARUPPANKODE, AYIROOPARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695584
BY ADV SRI.M.ABDUL RASHEED
RESPONDENTS/STATE/DEFACTO COMPLAINANT (CW1, CW2 AND CW3):
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
POTHENCODE POLICE STATION,
POTHENCODE P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695584
3 HAREESH KUMAR,
AGED 39 YEARS
S/O RAVEENDRAN NAIR, MADATHINMOOLA,
TRIJYOTHIPURAM,UDIYARAMOOLA MURI,
AYIROOPARA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695584
Crl. M.C. No. 8374 of 2025 -:2:-
2025:KER:77418
4 PRAVEEN KUMAR,
AGED 33 YEARS
S/O PRASANNA KUMAR,VILAYIL VEEDU,
ANDOORKONAM, UDIYARAMOOLA MURI,
AYIROOPARA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695584
5 KRISHNANKUTTY NAIR,
AGED 58 YEARS
S/O MADHAVAN PILLAI,KRISHNAVILASOM,
MARUPPANCODE, VAZHAVILA,AYIROOPARA
VILLAGE,THIRUVANANTHAPURAM, PIN - 695584
BY ADV SHRI.A.MUHAMMED HASHIM
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER- 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:
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2025:KER:77418
Dated this the 17th day of October, 2025
ORDER
The petitioner is the 6th accused in Crime No.
250/2010 registered by the Pothencode Police Station,
Thiruvananthapuram District, which is registered against
the accused persons for allegedly committing the
offences punishable under Sections 143, 147, 148, 149,
452, 323, 324, 308 and 427 of the Indian Penal Code.
The case is now pending against the petitioner as S.C.
No. 369/2021 on the file of the Assistant Sessions Court,
Attingal.
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
respondents 3 to 5 (victim), who has affirmed Annexure
2025:KER:77418
A4 to A6 affidavits, 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 respondents 3 to 5.
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 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 respondents have voluntarily executed the
affidavits. 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
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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 respondents have
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
2025:KER:77418
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. 250/2010 of the Pothencode Police Station and all
further proceedings in S.C. No. 369/2021 on the file of
the Assistant sessions Court, Attingal, as against the
petitioner, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
mtk/17.10.25
2025:KER:77418
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R. IN CRIME
NO.250/2010 OF POTHENCODE POLICE STATION,
THIRUVANANTHAPURAM DISTRICT DATED
7.5.2010
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
S.C. NO.369/2021 ON THE FILE OF ASSISTANT
SESSIONS COURT, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT DATED NIL
ALONG WITH RELEVANT DOCUMENTS
Annexure A3 TRUE COPY OF THE JUDGMENT DATED
30.11.2019 IN S.C. NO.583/2011 OF THE
ASSISTANT SESSIONS COURT, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT
Annexure A4 ORIGINAL AFFIDAVIT SWORN BY 3RD
RESPONDENT DATED 12.9.2025
Annexure A5 ORIGINAL AFFIDAVIT SWORN BY 4TH
RESPONDENT DATED 12.9.2025
Annexure A6 ORIGINAL AFFIDAVIT SWORN BY 5TH
RESPONDENT DATED 12.9.2025
