Kerala High Court
Riyas V.T vs State Of Kerala on 22 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:78433
CRL.MC NO. 8255 OF 2025
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. 8255 OF 2025
CRIME NO.608/2024 OF Vadanappally Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.893 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD
PETITIONER/7TH ACCUSED:
RIYAS V.T,
AGED 30 YEARS
S/O THAJU, VALIYAKATH HOUSE, RAHMATH NAGAR,
VADANAPPALLY, THRISSUR, KERALA, PIN - 680614
BY ADVS.
SMT.ARCHANA VIJAYAN
SHRI.SEBASTIN
RESPONDENTS/RESPONDENT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 VISHNU V.V,
AGED 28 YEARS
S/O VISWAMBARAN V.V, RESIDING AT VENNAMKOTTU HOUSE,
MULLASSERY TANAVEEDHI DESAM, MULLASSERY VILLAGE,
MULLASSERY P.O, PIN - 680509
3 VISWAMBARAN V.V,
AGED 61 YEARS
2025:KER:78433
CRL.MC NO. 8255 OF 2025
2
S/O VASU, RESIDING AT VENNAMKOTTU HOUSE, MULLASSERY
TANAVEEDHI DESAM, MULLASSERY VILLAGE, MULLASSERY
P.O, PIN - 680509
BY ADV SHRI.AGHINLAL K.L.
PUBLIC PROSECUTOR 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:
2025:KER:78433
CRL.MC NO. 8255 OF 2025
3
ORDER
Dated this the 22nd day of October, 2025
The petitioner is the 7th accused in C.C
No.893/2024 on the file of the Court of the Judicial First
Class Magistrate, Chavakkad, which arises out of Crime
No.608/2024 registered by the Vadanappally Police
Station, Thrissur, against the accused persons for
allegedly committing the offences punishable under
Sections 406 and 420 r/w Section 34 of the Indian Penal
Code.
2. The petitioner has approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to quash Annexure A1 FIR, 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 2 and 3 (victims), who have affirmed
2025:KER:78433
CRL.MC NO. 8255 OF 2025
Annexures A3 and A4 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 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
respondents 2 and 3 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 2 and 3 have voluntarily executed the
affidavits. The State has no objection to the Crl.M.C. being
allowed.
2025:KER:78433
CRL.MC NO. 8255 OF 2025
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
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 2 and 3 have voluntarily
executed the affidavits; the chances of conviction are
2025:KER:78433
CRL.MC NO. 8255 OF 2025
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 to exercise its inherent jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure A1 FIR, Annexure A2 Final Report and all
further proceedings in C.C. No.893/2024 on the file of the
Judicial First-Class Magistrate Court, Chavakkad, as
against the petitioner, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm22/10/2025
2025:KER:78433
CRL.MC NO. 8255 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE F.I.R. IN CRIME
NO.608/2024 OF VADANAPALLY POLICE STATION,
THRISSUR DISTRICT DATED 07/08/2024
Annexure A2 THE TRUE COPY OF THE FINAL REPORT C.C.NO.
893/2024 ON THE FILES OF THE HON'BLE
JUDICIAL FIRST-CLASS MAGISTRATE'S COURT,
CHAVAKKAD, IN CRIME NO. 608/2024 OF
VADANAPALLY POLICE STATION, THRISSUR
DISTRICT
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/DE-FACTO COMPLAINANT DATED
22/08/2025
Annexure A4 THE ORIGINAL AFFIDAVIT SWORN BY THE
3RDRESPONDENT/DE FACTOCOMPLAINANT DATED
22/08/2025
