Kerala High Court
Sarathchandran @ Rooby vs State Of Kerala on 21 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8269 OF 2025 1
2025:KER:77944
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. 8269 OF 2025
CRIME NO.1171/2012 OF KADAKKAVOOR POLICE STATION,
THIRUVANANTHAPURAM
IN SC NO.1851 OF 2024 OF ASSISTANT SESSIONS
COURT/ADDITIONAL SUB COURT,ATTINGAL
PETITIONER/ACCUSED NO.4:
SARATHCHANDRAN @ ROOBY,
AGED 38 YEARS
S/O.SANKARR, RESIDING AT KUTTANVILAVEEDU,
ELAPPURAM, KEEZHATTINGAL, THIRUVANANTHAPURAM
DISTRICT, PIN - 695306
BY ADV SRI.AKHIL SUSEENDRAN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SANOJ,
AGED 42 YEARS
S/O.DAYANANDAN, RESIDING AT POURNAMI,
BHAJANAMADOM, KEEZHATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695102
BY ADV SHRI.UNNIKRISHNAN R.
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8269 OF 2025 2
2025:KER:77944
ORDER
Dated this the 21st day of October, 2025
The petitioner is the 4th accused in S.C.No.1851/2024
on the file of the Assistant Sessions Court, Attingal, which
arises out of Crime No.1171/2012 registered by the
Kadakkavoor Police Station, Thiruvananthapuram, against
the accused persons allegedly committing the offences
punishable under Sections 143, 147, 148, 323, 324 and 308
read with Section 149 of the Indian Penal Code.
2. The petitioner has approached this Court under
Section Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, to quash Annexure A 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 second respondent (victim), who has
affirmed Annexure C affidavit, vouching for the settlement.
2025:KER:77944
3. I have heard the learned Counsel appearing for
the petitioner, 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 2nd
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 2nd
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:77944
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 2nd 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 between the parties and restore peace.
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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 A Final Report in Crime No.1171/2012
Kadakkavoor Police Station, Thiruvananthapuram and all
further proceedings in S.C. No.1851/2024 on the file of the
Assistant Session Court, Attingal, as against the petitioner,
are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
2025:KER:77944
PETITIONER ANNEXURES
ANNEXURE A THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 1171/2012 OF KADAKKAVOOR POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
REGISTERED U/S.143, 147, 148, 149, 323,
324 AND 308 IPC, PENDING AS SC
NO.1851/2024 BEFORE THE FILES OF ASSISTANT
SESSION COURT, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT
ANNEXURE B THE TRUE COPY OF THE JUDGMENT DATED
31.07.2024 IN SC NO.868/2014 OF ASSISTANT
SESSION COURT, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT
ANNEXURE C THE AFFIDAVIT OF COMPROMISE OF RESPONDENT
