Kerala High Court
Adarsh @ Appu vs State Of Kerala on 23 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:78936
CRL.MC NO. 2402 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
CRL.MC NO. 2402 OF 2025
CRIME NO.879/2024 OF Thrikkunnappuzha Police Station,
Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.4 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS- I, HARIPAD
PETITIONERS/ACCUSED 1 & 2:
1 ADARSH @ APPU,
AGED 20 YEARS
S/O BIJU, BIJU BHAVANAM, VATTACHAL MURI, ARATTUPUZHA
VILLAGE, ALAPPUZHA DISTRICT, PIN - 690535
2 AKHIL RAJ @ POOMPATTA,
AGED 25 YEARS
KOCCHUPARAMPIL, VATTACHAL MURI, ARATTUPUZHA VILLAGE,
ALAPPUZHA DISTRICT, PIN - 690535
BY ADV SHRI.S.NAUSHAD
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
THRIKUNNAPPUZHA POLICE STATION, ALAPPUZHA, KERALA,
PIN - 690515
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CRL.MC NO. 2402 OF 2025
2
3 ARUN @ KANNAN,
AGED 23 YEARS
S/O CHITRAN, KARITHARAYIL, PERUMPALLI MURI,
ARATTUPUZHA VILLAGE, ALAPPUZHA, PIN - 690535
4 APPOOTTAN @ KAILAS (DELETED FROM PARTY ARRAY AS PER
ORDER DATED 23.06.25) AND SUBSTITUTED AS RAJEEV
S/O UDAYAN, RAJEEV BHAVANAM, KANDALLOOR SOUTH MURI,
ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT
( SUBSTITUTED AS R4 AS PER ORDER DATED 23.06.2025 ),
PIN - 690535
5 SWARAJ,
AGED 23 YEARS
S/O SUNILKUMAR, KOTTASSERIL, PERUMP[ALLI MURI,
ARATTUPUZHA VILLAGE, ALAPPUZHA, PIN - 690535
BY ADV SMT.V.BEENA
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 2402 OF 2025
3
C.S.DIAS, J.
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Crl.M.C. No. 2402 OF 2025
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Dated this the 23rd day of October, 2025
ORDER
The petitioners are accused Nos.1 and 2 in C.P.No.4 of
2025 on the file of the Court of Judicial Magistrate of First
Class-I, Harippad, which arises out of Crime No.879 of
2024 registered by the Thrikkunnappuzha Police Station,
Alappuzha, as against the accused persons for allegedly
committing the offences punishable under Sections 296(b),
351(1), 118(1), 115(2) and 110 read with Section 3(5) of
the Bharatiya Nyaya Sanhita.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS, in short), to quash Annexure A2 Final Report and
all further proceedings in C.P.No.4 of 2025. It is averred in
the criminal miscellaneous case that the dispute that led
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CRL.MC NO. 2402 OF 2025
to the registration of the crime has been amicably settled
between the petitioners and the respondents 3 to 5
(victim), who have affirmed Annexure A3 to A5 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 3 to 5.
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.
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CRL.MC NO. 2402 OF 2025
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 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
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CRL.MC NO. 2402 OF 2025
antecedents; the party respondents 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 is a fit case
to exercise its inherent jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure A2 Final Report and C.P.No.4 of 2025 on the file
of the Court of Judicial First Class Magitrate-I, Harippad
and all further proceedings pursuant to it, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
2025:KER:78936
CRL.MC NO. 2402 OF 2025
PETITIONER ANNEXURES
Annexure A1 ATTESTED COPY OF FIR AND FIS IN CRIME NO.
879/2024 OF THE THRIKUNNAPPUZHA
POLICESTATION AND IN CP NO.4/2025 OF THE
JUDICIAL FIRST CLASS MAGISTRTE -1 HARIPAD
DATED 14/11/2024
Annexure A 2 FINAL REPORT IN CRIME NO. 879/2024 OF THE
HRIKUNNAPPUZA POLICE STATION AND IN CP
NO.4/2025 OF THE JUDICIAL FIRST CLASS
MAGISTRATE-1 HARIPAD DATED 3/1/2025
Annexure A3 AFFIDAVIT FILED THE 3RD RESPONDENT
Annexure A 4 AFFIDAVIT FILED THE 4TH RESPONDENT
Annexure A 5 AFFIDAVIT FILED THE 5TH RESPONDENT
Annexure A6 AFFIDAVIT OF THE PROPOSED 4TH RESPODENT
