Kerala High Court
Khalid vs State Of Kerala on 23 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8795 OF 2025 1
2025:KER:78843
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. 8795 OF 2025
CRIME NO.33/2006 OF TIRUR POLICE STATION, MALAPPURAM
IN LP NO.83 OF 2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
TIRUR
PETITIONER/ACCUSED NO.3:
KHALID,
AGED 45 YEARS, S/O. MOIDHEEN BHAVAKUTTY, EENINTHE
PURAKKAL HOUSE, PADINJAREKKARA P O., TIRUR TALUK,
MALAPPURAM DISTRICT., PIN - 676562
BY ADV SRI.BINU V V VEETTIL VALAPPIL
RESPONDENTS/STATE, DEFACTO COMPLAINANT AND INJURED:
1 STATE OF KERALA,
REPRESENTED THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
2 DIRAR,
AGED 52 YEARS
S/O. HASSAINAR, ARAYACHANTE PURAKKAL, PADINJAREKKARA
P. O., TIRUR TALUK, MALAPPURAM DISTRICT.,
PIN - 676562
3 SIDHICK,
AGED 63 YEARS
S/O. KUNJIMOIDEENKUTTY, PUTTUMANAKATH, AZHEEKAL,
LIGHT HOUSE ROAD, PONNANI, PONNANI TALUK,
MALAPPURAM DISTRICT., PIN - 679577
BY ADV SHRI.MANEKSHA D.
SR PP SRI M P PRASANTH
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. 8795 OF 2025 2
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ORDER
Dated this the 23rd day of October, 2025
The petitioner is the 3rd accused in L.P.No.83/2007 on
the file of the Judicial First Class Magistrate Court-I, Tirur,
which arises out of Crime No.33/2006 registered by the
Tirur Police Station, Malappuram, as against the accused
persons for allegedly committing the offences punishable
under Sections 143, 147, 148, 341, 323, 324 and 308 read
with Section 149 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 A First Information Report and
Annexure B 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 (injured), who have affirmed
Annexures C and D affidavits, vouching for the settlement.
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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 has no objection in the proceedings being quashed.
5. The learned Public Prosecutor, on instructions,
submits that even though the Investigating Officer has
reported that the petitioner has arrived at a bone fide
settlement with the respondents 2 and 3, who have
voluntarily executed Annexures C and D affidavits, one of
the injured namely CW2 has not been identified till date.
The records are not traceable since the crime is of the year
2006.
6. The learned counsel for the petitioner submits that,
the respondents 2 and 3 are the ones who suffered the
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grievous hurt. Moreover, by judgment dated 27.02.2009 in
S.C.No.331/2008, the Additional Sessions Judge (Adhoc)-I,
Manjeri, had acquitted the accused 2, 4, 5 and 7 in the
same crime since the prosecution had miserably failed to
prove beyond reasonable doubt that the said accused
persons had committed the above offences. Similarly, the
proceedings as against the 1st accused was quashed as per
the order in Crl.M.C No.1776/2019. The petitioner is
actually in a better position than the above said accused
persons. Therefore, this Court may not insist for recording
the statement of CW2.
7. 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
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ends of justice, may invoke its inherent powers to quash the
proceedings, particularly if continuation of the prosecution
would serve no fruitful purpose.
8. On a consideration of the facts and materials on
record, particularly the fact that the respondents 2 and 3
have executed Annexures C and D affidavits in favour of
settlement, and the Trial Court had acquitted the accused
2, 4, 5 and 7 and this Court had quashed the proceedings as
against the 1st accused, I am satisfied that the petitioner is
also entitled to get the proceedings quashed as against him.
Moreover, the offences alleged against the petitioner are
not heinous or of a serious nature, involving mental
depravity; no public interest or element of societal concern
is involved; the petitioner do not have criminal antecedents;
the respondents 2 and 3 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
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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 A First Information Report and Annexure B Final
Report in Crime No.33/2006 of the Tirur Police Station and
all further proceedings in L.P.No.83/2007 on the file of the
Judicial First Class Magistrate Court-I, Tirur, as against the
petitioner, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF FIR REGISTERED BY THE
TIRUR POLICE IN CRIME NO.33/2006
ANNEXURE B CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.33/2006 OF TIRUR POLICE
ANNEXURE C AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/DE
FACTO COMPLAINANT DATED 17/09/2025
ANNEXURE D AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT/INJURED DATED 17/09/2025
