Kerala High Court
Jayaaprakash @ Jayan vs State Of Kerala on 22 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:78429
CRL.MC NO. 4707 OF 2022
1
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. 4707 OF 2022
CRIME NO.165/2022 OF Peruvanthanam Police Station, Idukki
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.187 OF 2022 OF
GRAM NYALAYA, AZHUTHA AT PEERUMEDU
PETITIONERS/ACCUSED 1 TO 3:
1 JAYAAPRAKASH @ JAYAN
AGED 46 YEARS
SON OF KOCHUNANU, PUTHUPARAMBIL HOUSE, KARINILAM
P.O., ERUMELI NORTH VILLAGE, KANJIRAPPILLY TALUK,
KOTTAYAM DISTRICT, PIN - 686513
2 SHEHIN ABDUL SALAM,
AGED 28 YEARS
SON OF ABDUL SALAM, ATTUPARAMBIL HOUSE, MUNDAKAYAM
P.O., MUNDAKAYAM VILLAGE, KANJIRAPPILLY TALUK,
KOTTAYAM DISTRICT., PIN - 686513
3 PRAJIN
AGED 27 YEARS
SON OF PRASANNAN, MUNDOOR HOUSE, THALUNKAL
P.O.,KOOTTIKKAL VILLAGE, KANJIRAPPILLY TALUK,
KOTTAYAM DISTRICT, PIN - 686513
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENTS/COMPLAINANT:
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CRL.MC NO. 4707 OF 2022
2
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM,, PIN - 682031
2 RAFEEK.K.A
AGED 35 YEARS
RAFEEK K.A., SON OF ABOOBACKER, PUTHUPARAMBIL HOUSE,
KALLAR BHAGOM, PAMBANAR P.O., PEERUMADE VILLAGE,
IDUKKI DISTRICT, PIN - 685531
3 FIROS
AGED 26 YEARS
SON OF SAINUDHEEN, PLAMOOTTIL HOUSE, PAMBANAR
BHAGOM, PAMBANAR P.O., PEERUMADE VILLAGE, IDUKKI
DISTRICT, PIN - 685531
4 SHIHAB
AGED 30 YEARS
SON OF ABDUL RAHIM, RESIDING AT PUTHUPARAMBIL HOUSE,
PAMBANAR P.O, PEERUMEDU VILLAGE, IDUKKI DISTRICT,,
PIN - 685531
5 THE SUB INSPECTOR OF POLICE,
PERUVANTHANAM POLICE STATION, IDUKKI DISTRICT-, PIN
- 685532
BY ADV SHRI.AL YASAR ARAFATH
PP SRI. M.P. PRASANTH
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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CRL.MC NO. 4707 OF 2022
3
ORDER
Dated this the 22nd day of October, 2025
The petitioners are accused 1 to 3 in S.T.
No.187/2022 on the file of the Gramanyayalaya Court,
Azhutha, which arises out of Crime No.165/2022
registered by the Peruvanthanam Police Station, Idukki for
allegedly committing the offences punishable under
Sections 294(b) and 323 r/w Section 34 of the Indian Penal
Code.
2. The petitioners have approached this Court under
Section 482 of the Code of Criminal Procedure, to quash
Annexure 1 FIR, Annexure 2 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 2 to 4
(injured), who have affirmed Annexures A3 to A5 affidavits,
vouching for the settlement.
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CRL.MC NO. 4707 OF 2022
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 to 4.
4. The learned Public Prosecutor, on instructions,
submits that the petitioners are persons with criminal
antecedents, since they are involved in 13 other cases,
including the offence under Section 302 of the Indian
Penal Code.
5. 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
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
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CRL.MC NO. 4707 OF 2022
no fruitful purpose.
6. In light of the above submission and taking into
consideration the law laid down in the aforecited
decisions, I am not inclined to exercise the inherent
jurisdiction under Section 482 of the Cr.P.C.
In the result, the Crl.M.C is dismissed, but without
prejudice to the right of the petitioners to raise all the
contentions before the Trial Court.
SD/-
C.S.DIAS, JUDGE
rmm22/10/2025
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CRL.MC NO. 4707 OF 2022
PETITIONER ANNEXURES
Annexure- 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 165 OF 2022 OF PERUVANTHANAM
POLICE STATION
Annexure-2 TRUE COPY OF THE FINAL REPORT SUBMITTED BY
THE FIFTH RESPONDENT IN CRIME NO. 165 OF
2022 OF PERUVANTHANAM POLICE STATION
Annexure-3 TRUE COPY OF THE AFFIDAVIT DATED
20.06.2022 SWORN BY THE SECOND
RESPONDENT/CW1
Annexure-4 TRUE COPY OF THE AFFIDAVIT DATED
20.06.2022 SWORN BY THE THIRD
RESPONDENT/CW2
Annexure-5 TRUE COPY OF THE AFFIDAVIT DATED
30.06.2022 SWORN BY THE FOURTH
RESPONDENT/CW3
