Kerala High Court
Shukkoor vs State Of Kerala on 22 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:78434
CRL.MC NO. 8759 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
CRL.MC NO. 8759 OF 2025
CRIME NO.648/2022 OF Kodanad Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.547 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - III, PERUMBAVOOR
PETITIONERS/ACCUSED 1 TO 4:
1 SHUKKOOR,
AGED 45 YEARS
S/O HAIDRUMAN, THEKKAPADI HOUSE, KALLAYIMOOLA,
VELUPADAM, VARANDARAPPILLY VILLAGE, THRISSUR
DISTRICT, PIN - 680303
2 NAJEEB,
AGED 46 YEARS
S/O KOYAMMU THANGAL, PARADATHU HOUSE, VELUPADAM,
VARANDARAPPILLY VILLAGE, THRISSUR DISTRICT, PIN -
680303
3 JAFSAL,
AGED 27 YEARS
S/O SHAJAHAN, MOOCHIKKAL HOUSE, PALAPILLY, NADAMBADAM
DESOM, VARADARAPPILLY VILLAGE, THRISSUR DISTRICT, PIN
- 680304
4 MOHAMMED,
AGED 24 YEARS
S/O ASHARAF, VARIKKODAN HOUSE, POUND, VELUPADAM
DESOM, VARANDARAPPILLY VILLAGE, THRISSUR DISTRICT,
PIN - 680303
BY ADVS.
SRI.RAJESH CHAKYAT
SMT.ATHIRA K. SALIM
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CRL.MC NO. 8759 OF 2025
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RESPONDENTS/STATE DE FACTO COMPLAINANT & AFFECTED PERSONS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE SUB INSPECTOR OF POLICE,
KODANAD POLICE STATION, ERNAKULAM DISTRICT, PIN -
683544
3 P.T.GOPAKUMAR,
AGED 54 YEARS
S/O THRIVIKRAMAN PILLAI, PADATHIL HOUSE, AIMURY P.O.,
PERUMBAVOOR, ERNAKULAM DISTRICT., PIN - 683544
4 DEVACHAN,
AGED 64 YEARS
S/O DEVASSY, PADAYATTIL HOUSE, KOOVAPPADY VILLAGE,
CHERANALLUR KARAYIL DESOM, ERNAKULAM DISTRICT., PIN -
683544
5 SHAJI,
AGED 56 YEARS
S/O AYYAAPPAN, KANNALIKKUDY HOUSE, KOOVAPPADY
VILLAGE, CHERANALLUR KARAYIL DESOM, ERNAKULAM
DISTRICT., PIN - 683544
6 HARIHARAN,
AGED 57 YEARS
S/O RAGHAVAN PILLA, PADIKKAL HOUSE, PUDIKKALAPPARA
KARAYIL DESOM, KOOVAPPADY VILLAGE, ERNAKULAM., PIN -
682544
7 SASI,
AGED 65 YEARS
S/O NARAYANAN, KATTUNGAL HOUSE, CHERANALLUR KARAYIL
DESOM, KOOVAPPADY VILLAGE, ERNAKULAM DISTRICT., PIN -
683544
8 SATHYAPAL,
AGED 56 YEARS
S/O KESAVA PILLA, KOLAKKATTU HOUSE, KODANAD KARAYIL
DESOM, KODANAD VILLAGE, ERNAKULAM DISTRICT., PIN -
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CRL.MC NO. 8759 OF 2025
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683544
BY ADV SRI.JOSEPH M.P.
SR.PP. SRI.C .S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 22nd day of October, 2025
The petitioners are the accused 1 to 4 in C.C
No.547/2023 on the file of the Court of the Judicial First
Class Magistrate-III, Perumbavoor, which arises out of
Crime No. 648/2022 registered by the Kodanad Police
Station, Ernakulam, for allegedly committing the offences
punishable under Sections 406 and 420 of the Indian Penal
Code.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure 1 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 the respondents 3 to 8 (victims), who
have affirmed Annexures 2 to 7 affidavits, vouching for the
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settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 3 to 8.
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 respondents
3 to 8 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
respondents 3 to 8 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 688], Naushey
Ali v. State of U.P. [(2025) 4 SCC 78], and in a catena of
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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 respondents 3 to 8 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 between the parties
and restore peace. Hence, this Court finds this as a fit case
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to exercise its inherent jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure 1 Final Report in Crime No. 648/2022 of the
Kodanad Police Station and all further proceedings in C.C.
No.547/2023 on the file of the Judicial First-Class
Magistrate Court-III, Perumbavoor, as against the
petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm22/10/2025
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CRL.MC NO. 8759 OF 2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.648/2022 OF KODANAD POLICE STATION,
ERNAKULAM DISTRICT DATED 16.03.2023
Annexure 2 ORIGINAL COPY OF THE COMPOUNDING AFFIDAVIT
EXECUTED BY THE DEFACTO COMPLAINANT /CW1/
3RD RESPONDENT DATED 26.09.2025
Annexure 3 ORIGINAL COPY OF THE COMPOUNDING AFFIDAVIT
EXECUTED BY THE CW2/ 4TH RESPONDENT DATED
26.09.2025
Annexure 4 ORIGINAL COPY OF THE COMPOUNDING AFFIDAVIT
EXECUTED BY THE CW3/ 4TH RESPONDENT DATED
26.09.2025
Annexure 5 ORIGINAL COPY OF THE COMPOUNDING AFFIDAVIT
EXECUTED BY THE CW4/ 5TH RESPONDENT DATED
26.09.2025
Annexure 6 ORIGINAL COPY OF THE COMPOUNDING AFFIDAVIT
EXECUTED BY THE CW5/ 6TH RESPONDENT DATED
26.09.2025
Annexure 7 ORIGINAL COPY OF THE COMPOUNDING AFFIDAVIT
EXECUTED BY THE CW6/ 7TH RESPONDENT DATED
26.09.2025
