Kerala High Court
Saji vs State Of Kerala on 23 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8088 OF 2025 1 2025:KER:79239
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. 8088 OF 2025
CRIME NO.943/2020 OF Kalpetta Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.150 OF 2021 OF
CHIEF JUDICIAL MAGISTRATE, KALPETTA
PETITIONERS/ACCUSED:
1 SAJI,
AGED 47 YEARS
S/O SANKARAN, AMBALAKUNNIL HOUSE, PINANGODE, WAYANAD.,
PIN - 673122
2 VINCENT @ WILSON,
AGED 55 YEARS
S/O KURIAN, KATTAYATHU HOUSE, MADAKUNNU P.O,
CHOLAPURAM, VENGAPALLI, WAYANADU DISTRICT, PIN - 673122
3 ANTO @ ANTONY,
AGED 53 YEARS
S/O KURIAN, KATTAYATHU HOUSE, MADAKUNNU P.O,
CHOLAPURAM, VENGAPALLI, WAYANADU DISTRICT, PIN - 673122
4 SUDHEESH BABU,
AGED 43 YEARS
S/O SWAMINATHAN, AMBALAKUNNU HOUSE, PINANGODE P.O,
CHOLAPURAM, VENGAPALLI, WAYANAD DISTRICT, PIN - 673122
5 JITHIN
AGED 29 YEARS
S/O CHACKO, AMBALAKUNNU HOUSE, PINANGODE P.O,
CHOLAPURAM, VENGAPALLI, WAYANAD DISTRICT, PIN - 673122
6 NIDHIN,
AGED 29 YEARS
S/O CHANDRAN, KOZHANCHERI HOUSE, PINANGODE P.O,
CHOLAPURAM, VENGAPALLI, WAYANAD DISTRICT, PIN - 673122
CRL.MC NO. 8088 OF 2025 2 2025:KER:79239
BY ADVS.
SHRI.RAJESH KUMAR R.
SHRI.ELDHOSE JOY
RESPONDENT/COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 JIJESH,
AGED 30 YEARS
S/O KRISHNANKUTTY, AMBALAKUNNU HOUSE, PINANGODE P.O,
CHOLAPURAM, VENGAPALLI, WAYANADU DISTRICT, PIN - 673122
3 PRANAV,
AGED 30 YEARS
S/O PRAVEEN, CHEMBANKUNNATH HOUSE, PINAGODU P.O,
CHOLAPURAM, VENGAPALLI, WAYANADU DISTRICT, PIN - 673122
4 PRANOOP,
AGED 26 YEARS
S/O PRAVEEN, CHEMBANKUNNATH HOUSE, PINAGODU P.O,
CHOLAPURAM, VENGAPALLI, WAYANADU DISTRICT, PIN - 673122
BY ADV SHRI.SARAFUDHEEN T.
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. 8088 OF 2025 3 2025:KER:79239
C.S.DIAS,J
--------------------------------------------
CRL.MC No. 8088 OF 2025
---------------------------------------------
Dated this the 23rd day of October, 2025
ORDER
The petitioners are the accused Nos.1 to 6 in Crime
No. 943/2020 registered by the Kalpetta Police Station,
Wayanad for the offences punishable under Sections 143, 147,
148, 341, 323, 324, 294(b) and 427 r/w Section 149 of the
Indian Penal Code. The case is now pending as C.C. No.
150/2021 before the Chief Judicial Magistrate Court,
Kalpetta.
2. The petitioners have approached this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
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, who have affirmed
Annexures 3 to 5 affidavits, vouching for the settlement.
CRL.MC NO. 8088 OF 2025 4 2025:KER:79239
3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 to 4.
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 to 4
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 2
to 4 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
decisions, has authoritatively held that in cases where the
offences are not grave or heinous, involving mental depravity,
CRL.MC NO. 8088 OF 2025 5 2025:KER:79239
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 to 4 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 to exercise its inherent jurisdiction.
In the result, the Crl.M.C is allowed. Accordingly,
Annexure 1 FIR, Annexure 2 Final report in Crime No.
CRL.MC NO. 8088 OF 2025 6 2025:KER:79239
943/2020 of the Kalpetta Police Station and all further
proceedings in C.C. No. 150/2021 on the file of the Chief
Judicial Magistrate Court, Kalpetta as against the petitioners,
are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
SCB.23.10.25.
CRL.MC NO. 8088 OF 2025 7 2025:KER:79239
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR ALONG WITH FIS IN
CRIME NO. 943/2020 OF KALPETTA POLICE STATION
DATED 26/12/2020
Annexure 2 THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 943/2020 OF KALPETTA POLICE STATION DATED
29/01/2021
Annexure 3 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 31ST DAY OF JULY, 2025
Annexure 4 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 31ST DAY OF JULY, 2025
Annexure 5 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 4TH
RESPONDENT DATED 31ST DAY OF JULY, 2025
