[Cites 4, Cited by 0]
Kerala High Court
Baby Jacob vs State Of Kerala on 4 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 347 OF 2026 1
2026:KER:9494
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
CRL.MC NO. 347 OF 2026
CRIME NO.407/2019 OF KUMBLA POLICE STATION, KASARGOD
PETITIONERS/ACCUSED NOS.1 TO 7:
1 BABY JACOB,
AGED 65 YEARS
S/O JACOB,VATTUKALAM, PADIMARUTH,
ANANDASHRAMAM,HOSDURG, KODOTH,
KASARAGOD DISTRICT, PIN - 671315
2 ALEES BABY,
AGED 60 YEARS
W/O BABY JACOB,VATTUKULAMM HOUSE,
PADIMARUTHU,ANANDASHRAM, HOSDURG,
KODOTH,KASARAGOD DISTRICT, PIN - 671315
3 THALAYILLATHU ABDULLA,
AGED 62 YEARS
S/O MOIDEEN,THALAYILLATHU VEEDU,
KALIKADAVU,PILICODE, KASARAGOD DISTRICT,
PIN - 671310
4 SATHEESH M.P,
AGED 41 YEARS
S/O GOPALAN M.P, MEPPURATHU VEEDU,
ALIPARAMBA,PERINTHALMANNA,MALAPPURAM DISTRICT,
PIN - 679357
5 BIJU VADAKKEDAN,
AGED 42 YEARS
VADAKKEDAN VEEDU, KARTHIKAPURAM, UDAYAGIRI,
KANNUR DISTRICT, PIN - 670571
6 SAJO SANNI,
AGED 41 YEARS
VATTUKULAM HOUSE,PADIMARUDU,KODOTH,
KASARAGOD DISTRICT, PIN - 671531
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7 SHAIJU JOSEPH,
AGED 40 YEARS
MANNARATH VEEDU, ERIYA,ANANDASHRAMAM,
KASARAGOD DISTRICT, PIN - 671531
BY ADV SHRI.ABIN BENNY
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM, KOCHI, PIN - 682031
2 SIBY JOSEPH,
AGED 60 YEARS
S/O JOSEPH EYO,RESIDING AT PARAVANPARAMBIL
HOUSE ,PERUMPANACHY P.O, CHANGANACHERRY,KOTTAYAM
DISTRICT, PIN - 686536
BY ADV SHRI.DENNISE JACOB SAVY
PP SRI M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 04th day of February, 2026
The petitioners are the accused Nos.1 to 7 in Crime
No.407/2019 registered by the Kumbala Police Station,
Kasaragod, alleging the commission of the offences
punishable under Sections 420, 465, 468 and 471 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 2nd
respondent, who is the brother of the defacto complainant,
who in turn has executed Annexure D affidavit, affirming
the settlement.
2026:KER:9494
3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor and the
learned counsel for the 2nd 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 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 already filed a
refer charge before the Court of the Judicial First Class
Magistrate-II, Kasaragod as R.C.No.106/2024 on
31.12.2024. furthermore, the 2nd respondent, who is the
brother of the defacto complainant, has filed Annexure D
affidavit stating that he has no objection to the
proceedings being quashed.
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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
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
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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 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 First Information Report and all further
proceedings in Crime No.407/2019 of the Kumbala Police
Station, Kasaragod, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 347 OF 2026
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE FIR DATED 02.11.2019 IN
CRIME NO: 407/2019 OF KUMBLA POLICE
STATION, KASARAGOD
ANNEXURE B TRUE COPY OF THE PASSPORT OF THE 2ND
RESPONDENT
ANNEXURE C TRUE COPY OF THE DEATH CERTIFICATE OF SABU
JOSEPH DATED 11.05.2024
ANNEXURE D AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 07.11.2025
