Kerala High Court
Akhilesh vs State Of Kerala on 23 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8590 OF 2025 1
2025:KER:78840
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. 8590 OF 2025
CRIME NO.2374/2017 OF PARIPPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.218 OF 2018 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PARAVUR
PETITIONERS/ACCUSED NOS.2 AND 4 TO 7:
1 AKHILESH,
AGED 26 YEARS
S/O AJAYAGHOSH, KUNNUMPURATH HOUSE, KARIMBALOOR
CHERY, PARIPPALLY, KOLLAM,, PIN - 691574
2 SREEKUTTAN,
AGED 27 YEARS
S/O BIJULAL, BIJU VILASAM, KARIMBALOOR CHERY,
PARIPPALLY, KOLLAM,, PIN - 691574
3 ANCIF,
AGED 28 YEARS
S/O IQBAL, PUTHUVAL J S VILLA, ELAKAMON, AYIROOR,
THIRUVANANTHAPURAM,, PIN - 695310
4 VIVEK,
AGED 27 YEARS
S/O MANOHARAN PILLAI,VIVEK MANDIRAM, KARIMBALOOR
CHERY, PARIPPALLY,KOLLAM,, PIN - 691574
5 AKHIL SUNIL,
AGED 28 YEARS
S/O SUNIL, SUNIL LAND, KARIMPALOOR CHERY,
PARIPPALLY,KOLLAM,, PIN - 691574
BY ADV SRI.M.R.SASITH
CRL.MC NO. 8590 OF 2025 2
2025:KER:78840
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
PARIPPALLY POLICE STATION,KOLLAM, PIN - 691574
3 RAJENDRAN PILLAI,
AGED 61 YEARS
S/O RAGHAVAN PILLAI, KUNNATHU HOUSE,
KARIMBALOOR CHERY, PARIPPALLY, NOW RESIDING AT
CHERUKARAPUTHEN HOUSE, CHALAMKONAM, PULIYOORKONAM,
MADAVOOR, PALLIKKAL, THIRUVANANTHAPURAM,,
PIN - 695602
4 RAJESH R,
AGED 38 YEARS
S/O RAJENDRAN PILLAI, KUNNATHU HOUSE,
KARIMBALOOR CHERY, PARIPPALLY, NOW RESIDING AT
CHERUKARAPUTHEN HOUSE, CHALAMKONAM, PULIYOORKONAM,
MADAVOOR, PALLIKKAL, THIRUVANANTHAPURAM,,
PIN - 695602
5 RAJEEV,
AGED 43 YEARS
S/O SIVASANKARAN UNNITHAN, KUNNATHU HOUSE,
KARIMBALOOR CHERY, PUTHENKULAM P.O., PARIPPALLY,
KOLLAM,, PIN - 691302
BY ADV SMT.HASNA JABIL
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8590 OF 2025 3
2025:KER:78840
ORDER
Dated this the 23rd day of October, 2025
The petitioners are accused Nos.2 and 4 to 7 in C.C
No.218/2018 on the file of the Judicial First Class
Magistrate Court-II, Paravur, which arises out of Crime
No.2374/2017, registered by the Parippally Police Station,
Kollam, as against the accused persons for allegedly
committing the offences punishable under Sections 143,
144, 147, 148, 323 and 324, read with Section 149 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 A1 First Information Report and
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 petitioners
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and the respondents 3 to 5, who have affirmed Annexures
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 respondents 3
to 5 are 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
respondents 3 to 5 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
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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 3 to 5 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
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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 First Information Report and Annexure A2
Final Report in Crime No.2374/2017, of the Parippally
Police Station, Kollam, and all further proceedings in
C.C.No.218/2018 on the file of the Judicial First Class
Magistrate Court-II, Paravur, as against the petitioners, are
hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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PETITIONER ANNEXURES
ANNEXURE-A1 THE TRUE COPY OF THE FIR IN CRIME
NO.2374/2017 OF PARIPPALLY POLICE STATION,
KOLLAM.
ANNEXURE-A2 THE TRUE COPY OF THE FINAL REPORT IN CC
NO.218/2018 PENDING BEFORE THE HON'BLE
JUDICIAL FIRST-CLASS MAGISTRATE COURT-II,
PARAVOOR IN CRIME NO.2374/2017 OF
PARIPPALLY POLICE STATION, KOLLAM.
ANNEXURE-A3 THE ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 17.09.2025.
ANNEXURE-A4 THE ORIGINAL AFFIDAVIT SWORN BY THE 4TH
RESPONDENT DATED 17.09.2025.
ANNEXURE-A5 THE ORIGINAL AFFIDAVIT SWORN BY THE 5TH
RESPONDENT DATED 17.09.2025.
