[Cites 4, Cited by 0]
Kerala High Court
Siraj vs O.Kunhikoya on 7 April, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2662 OF 2026 1
2026:KER:30770
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
CRL.MC NO. 2662 OF 2026
CRIME NO.402/2019 OF PARAPPANGADI POLICE STATION, MALAPPURAM
IN CC NO.97 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST
CLASS , PARAPPANANGADI
PETITIONERS/ACCUSED 1 TO 4:
1 SIRAJ,
AGED 46 YEARS
1.S/O CHERIYA BAVA, KORATHINTE PURAKKAL,VEEDU,
SADHAM BEACH, PARAPPANANGADI MALAPPURAM DISTRICT,
PIN - 676303
2 HARIS PV,
AGED 45 YEARS
, S/O MUHAMMED, PALATHINGAL VALIYA PEEDIYEKKAL (H),
PALATHINGAL MALAPPURAM DISTRICT, PIN - 676303
3 SHAHUL HAMEED ,
AGED 41 YEARS
S/O MUSTHAFA, KORIYATH HOUSE, PALATHINGAL,
KOTTANTHALA MALAPPURAM DISTRICT, PIN - 676303
4 NOUFAL,
AGED 40 YEARS
S/O CHERIYA BAVA, CHERUPURAKKAL HOUSE,PUTHAN
KADAPPURAM MALAPPURAM DISTRICT -, PIN - 676303
BY ADV SHRI.SHAIQ RASAL M.
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RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
1 O.KUNHIKOYA,
AGED 55 YEARS
S/O MOIDU, VARIATH HOUSE, ULLANAM, PARAPPANANGADI,
MALAPPURAM DISTRICT,, PIN - 676303
2 STATE OF KERALA,
REPRESENTED BY THE STATION HOUSE OFFICER,
PARAPPANANGADI POLICE STATION, PARAPPANANGADI,
MALAPPURAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
BY ADV SHRI.MOHAMMED JAUFAR K.S.
SMT.SEETHA S, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 07th day of April, 2026
The petitioners are the accused 1 to 4 in
C.C.No.97/2020 on the file of the Court of the Judicial First
Class Magistrate-I, Parappanangadi, which has arisen from
Crime No.402/2019 registered by the Parappanangadi
Police Station, Malappuram, alleging the commission of the
offences punishable under Sections 188, 448, 506(i) and 427
read with Section 34 of the Indian Penal Code.
2. The petitioners have invoked the inherent
jurisdiction of this Court under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, to quash all further
proceedings in the above case. It is asserted that the dispute
that led to the registration of the crime has been amicably
settled between the petitioners and the 1st respondent, who
has executed Annexure-A3 affidavit, affirming the
settlement.
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3. I have heard the learned Counsel appearing for the
petitioners, the learned Senior Public Prosecutor, and the
learned Counsel for the 1st respondent.
4. The learned counsel on either side submits that, with
the intervention of relatives and well-wishers, the parties
have resolved their disputes amicably. The 1st respondent
has no subsisting grievance and does not wish to pursue the
prosecution, and has no objection to the proceedings being
quashed.
5. The learned Senior Public Prosecutor, on instructions,
submits that the Investigating Officer has reported that the
parties have arrived at a genuine and bona fide settlement.
The State has no objection to the Criminal Miscellaneous
case being allowed.
6. The scope and ambit of the inherent powers of this
Court to quash criminal proceedings on the ground of
settlement between the parties have been authoritatively
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laid down by 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 host of judicial pronouncements. It is held that in cases
where the offences are not grave or heinous, and where the
parties have amicably settled the dispute, to secure the ends
of justice, the High Court may invoke its inherent powers to
quash the proceedings, particularly if continuation of the
prosecution would serve no fruitful purpose.
7. On an overall consideration of the facts and
circumstances of the present case, and the materials on
record, I am satisfied that: the offences alleged are not
heinous or of a serious nature; no public interest or element
of societal concern is involved; 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
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settlement would promote harmony between the parties and
restore peace. Hence, this Court is persuaded to hold that
this is 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.402/2019 of the Parappangadi
Police Station, Malappuram, and all further proceedings in
C.C.No.97/2020 on the file of the Court of the Judicial First
Class Magistrate-I, Parappanangadi, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 2662 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED 17.12.2019
ALONG WITH FIS IN CRIME NO.402/2019 OF
PARAPPANGADI POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
04.02.2020 IN CC 97/2020 OF THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT- I,
PARAPPANANGADI ARISED OUT OF CRIME
NO.402/2019 OF PARAPPANANGADI POLICE
STATION INCLUDING 161 STATEMENTS AND
WITNESS MEMORANDUM
ANNEXURE A3 THE AFFIDAVIT OF THE 1ST RESPONDENT DATED
27.02.2026
