[Cites 6, Cited by 0]
Kerala High Court
Muhammed Riyas @ Patti Riyas (Nivin J ... vs State Of Kerala on 8 April, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1806 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
CRL.MC NO. 1806 OF 2026
CRIME NO.1071/2023 OF Valanchery Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.3309 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONER/S:
MUHAMMED RIYAS @ PATTI RIYAS (NIVIN J FERNADES)
AGED 40 YEARS
S/O JOSEPH FERNADES, RESIDING AT RASEENA MANZIL,
MUTHANA, VADASSERIKONAM P.O, VARKALA,
THIRUVANANTHAPURAM DISTRICT, KERALA,, PIN - 695143
BY ADVS.
SRI.P.T.SHEEJISH
SHRI.ARSHAD AYYOOB K.H.
SRI. HARIKIRAN M.
SMT.SANDRA TOM
SRI.P.SREERAM
SHRI.YOOSUF SAFWAN T. AJMAL
SMT.PARVATHI
SMT.HARITHA SIVADAS
SHRI.ARAVIND R. NAIR
SHRI.SANDEEP A.
SMT.HEERAKRISHNA T.H.
SMT.ANJITHA M.K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM,, PIN - 682031
2 MUHAMMAD NAVAS,
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AGED 25 YEARS, S/O ABOOBACKER, RESIDING AT
EZHUTHASSANTHODIYIL PERUGATTUTHODIYIL HOUSE,
IRIMBILIYAM P.O., TIRUR, MALAPPURAM DISTRICT,, PIN -
679572
BY ADV SHRI.AJOY VENU
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1806 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1806 OF 2026
-----------------------------------------------
Dated this the 8th day of April, 2026
ORDER
The petitioner is the accused in CC No.3309/2023
on the file of the Court of the Judicial First Class
Magistrate-I, Tirur, which has originated from Crime
No.1071/2023 registered by the Valancherry Police
Station, Malappuram, alleging the commission of the
offences punishable under Sections 406 and 420 of the
Indian Penal Code and Section 66D of the Information
Technology Act.
2. The petitioner has 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 filing of the complaint has been amicably settled
between the petitioner and the 2nd respondent, who has
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executed Annexure-A3 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the 2nd respondent.
4. The learned counsel on either side submit that, with
the intervention of relatives and well-wishers, the parties
have resolved their disputes amicably. The 2nd 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 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
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Court to quash criminal proceedings on the ground of
settlement between the parties have been authoritatively
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
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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
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 FIR, Annexure-A2 Final Report and all
further proceedings in CC No.3309/2023 on the file of the
Court of the Judicial First Class Magistrate-I, Tirur, as
against the petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1806 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.
1071/2023 IN VALANCHERY POLICE STATION,
MALAPPURAM DISTRICT DATED 05.10.2023
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1071/2023 OF VALANCHERY POLICE
STATION, FILED BEFORE THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT, TIRUR DATED
17.12.2023
Annexure A3 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT DATED
30.01.2026
