[Cites 4, Cited by 0]
Kerala High Court
Shafi vs State Of Kerala on 8 April, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2959 OF 2026
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2026:KER:31533
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. 2959 OF 2026
CRIME NO.1463/2023 OF Chathannoor Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.511 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR
PETITIONER/S:
1 SHAFI,
AGED 36 YEARS
S/O. SHIHABUDHEEN,RESIDING AT PUNNAVILA HOUSE,
VELACHIKKALA, ADICHANELLORE, KOLLAM, PIN - 691573
2 VISHNU MANOHARAN ,
AGED 29 YEARS
S/O. MANOHARAN ,RESIDING AT SINDHU BHAVAN, VAYALIL
HOUSE, ADICHANELLORE, KOLLAM, PIN - 691573
3 NICHU JOHNSON ,
AGED 31 YEARS
S/O. JOHNSON,RESIDING AT PUNNAVILA TAZHATHIL HOUSE,
ADICHANELLORE, KOLLAM, PIN - 691573
4 JOJI,
AGED 35 YEARS
S/O. JAYACHANDRAN,RESIDING AT GEETHAM HOUSE,
KUMMALLORE, ADICHANELLORE, KOLLAM, PIN - 691573
BY ADVS.
SRI.BIJITH S.KHAN
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
RESPONDENT/S:
CRL.MC NO. 2959 OF 2026
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1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
CHATHANNUR POLICE STATION ,CHATHANNUR, KOLLAM, PIN -
691572
3 DUSHANDAN,
AGED 58 YEARS
S/O. SREEDHARAN, RESIDING AT SREENILAYAM, MUTTAKKAVU,
NEDUMPANA PO, NEDUMPANA , KOLLAM CITY, KERALA, PIN -
691576
BY ADVS.
SHRI.THOUFEEK.R.
SHRI.SADIQ NAZAR
OTHER PRESENT:
SR.PP.SRI.C.S.HRITHWIK
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. 2959 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2959 OF 2026
-----------------------------------------------
Dated this the 8th day of April, 2026
ORDER
The petitioners are the accused 1 to 4 in CC
No.511/2024 on the file of the Court of the Judicial First
Class Magistrate, Paravur, which has originated from
Crime No.1463/2023, registered by the Chathannoor
Police Station, Kollam, alleging the commission of the
offences punishable under Sections 447, 294(b) and 506
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 filing of the complaint has been
amicably settled between the petitioners and the 3rd
respondent, who has executed Annexure-C affidavit,
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affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 3rd 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 3rd 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-A FIR, Annexure B Final Report and all further
proceedings in CC No.511/2024 on the file of the Court of
the Judicial First Class Magistrate, Paravur, as against the
petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2959 OF 2026
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE CRIME NO. 1463/2023 OF
CHATHANNUR POLICE STATION, KOLLAM DATED
24.11.2023
Annexure B CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 1463/2023 OF CHATHANNUR POLICE STATION,
KOLLAM DATED 08.08.2024
Annexure C ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT/ DEFACTO COMPLAINANT DATED
11.03.2026
