Kerala High Court
Shafikker @ Shafi vs State Of Kerala on 21 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:78073
CRL.MC NO. 6917 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
CRL.MC NO. 6917 OF 2025
CRIME NO.1605/2018 OF Karamana Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.128 OF 2020
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 AND 2:
1 SHAFIKKER @ SHAFI
AGED 45 YEARS
S/O. BASHEER.A, TC 55/427, KUNJUVEETTIL,
MANGALASSERY LANE, PAPPANAMCODE, NEMOM,
THIRUVANANTHAPURAM, PIN - 695018
2 SURESH KUMAR
AGED 50 YEARS
S/O. SANKARAN NAIR, TC 54/1888, PANAYARATHALA
HOUSE, SREEDHARANPILLA ROAD, PAPPANAMCODE, NEMOM,
THIRUVANANTHAPURAM, PIN - 695018
BY ADVS.
SRI.K.K.DHEERENDRAKRISHNAN
SMT.N.P.ASHA
SHRI.ABDUSSAMAD K.K.
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CRL.MC NO. 6917 OF 2025
2
RESPONDENTS/STATE & VICTIMS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR ,HIGH COURT OF
KERALA , ERNAKULAM, PIN - 682031
2 AADIDEV
AGED 34 YEARS
S/O. VALSANDEV, BHARGAVILASAM, TB JUNCTION,
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
3 VINODKUMAR S T
AGED 43 YEARS
S/O. SASIDHARAN NAIR, TC NO. 62/1026, THUMBASSERI
VEEDU, KONJIRAVILA, AMBALATHARA,
THIRUVANANTHAPURAM, PIN - 695009
BY ADV
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
SRI.SHAJIN S.HAMEED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.10.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC NO. 6917 OF 2025
3
C.S.DIAS,J.
====================
Crl. M.C.No.6917 of 2025
------------------------------------ --
Dated this the 21st day of October, 2025
ORDER
The petitioners are accused Nos.1 and 2 in Crime
No. 1605 of 2018 registered by the Karamana Police
Station, for the offences punishable under Sections 465,
468, 471, 472, 420 and 201 read with Section 34 of the
Indian Penal Code. The case is now pending as C.C. No.
128 of 2020 before the Judicial First-Class Magistrate
Court-I, Thiruvananthapuram.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
to quash Annexure I F.I.R., Annexure II 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 petitioners and respondents 2 and 3
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CRL.MC NO. 6917 OF 2025
(victim), who have affirmed Annexures III and IV
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.
being allowed.
6. The Hon'ble Supreme Court, in Gian Singh v.
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CRL.MC NO. 6917 OF 2025
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 respondents have
voluntarily executed the affidavits; the chances of
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CRL.MC NO. 6917 OF 2025
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 is a fit case to exercise its inherent
jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure I F.I.R., Annexure II Final Report in Crime No.
1605 of 2018 of the Karamana Police Station and all
further proceedings in C.C. No. 128 of 2020 on the file of
the Judicial First-Class Magistrate Court-I,
Thiruvananthapuram, as against the petitioners, are
hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 6917 OF 2025
PETITIONER ANNEXURES
Annexure-I TRUE COPY OF THE FIR ALONG WITH FIS IN
CRIME NO. 1605/2018 OF KARAMANA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure-II CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1605/2018 OF KARAMANA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure-III AFFIDAVIT DATED 21.07.2025 SWORN BY THE
RESPONDENT NO. 2 BEFORE NOTARY PUBLIC
Annexure-IV AFFIDAVIT DATED 21.07.2025 SWORN BY THE
RESPONDENT NO. 3 BEFORE NOTARY PUBLIC
