[Cites 4, Cited by 0]
Kerala High Court
Vivek vs State Of Kerala on 4 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 288 OF 2026 1
2026:KER:9488
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. 288 OF 2026
CRIME NO.181/2022 OF NORTH PARAVUR POLICE STATION, ERNAKULAM
IN CC NO.654 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-
III, NORTH PARAVUR
PETITIONERS/ACCUSED NO.1 AND 2:
1 VIVEK,
AGED 31 YEARS
CHETTAVADATH [H], PANCHAYATH PADY, EZHIKKARA,
ERNAKULAM, PIN - 683513
2 RAMACHANDRAN,
AGED 69 YEARS
CHETTAVADATH [H], PANCHAYATH PADY, EZHIKKARA,
ERNAKULAM, PIN - 683513
BY ADVS.
SHRI.AJAI JOHN
SHRI.V.M.SAJAN
RESPONDENTS/RESPONDENTS/STATE AND COURT WITNESSES 2, 3, 4 AND 5:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 SRIDEVI,
AGED 56 YEARS
RENTED AT MADATHILPARAMBIL [H], RESIDING AT KANNAN
ROLL DUX'S HOUSE, PEACE INTERNATIONAL SCHOOL, BEHIND
THE MOSQUE, THATTAPILLY KARA, KOTTUVALLY VILLAGE,
NORTH PARAVUR, KERALA, PIN - 683520
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3 SAJITHA,
AGED 45 YEARS
THIRUVATHIRA HOUSE, KIZHKEAPURAM, KOTTUVALLY VILLAGE,
KUTTANTHURUTHU KARA, NORTH PARAVUR, KERALA, PIN -
683519
4 UNNIKRISHNAN,
AGED 55 YEARS
THIRUVATHIRA HOUSE, KIZHKEAPURAM, KOTTUVALLY VILLAGE,
KUTTANTHURUTHU KARA, NORTH PARAVUR, KERALA, PIN -
683519
5 RAJASREE,
AGED 36 YEARS
THUSHARAM HOUSE, KIZHKEAPURAM, KOTTUVALLY VILLAGE,
KUTTANTHURUTHU KARA, NORTH PARAVUR, KERALA, PIN -
683519
BY ADVS.
SHRI.SIDHARTH S.
SHRI.MATHEW PHILIP
SHRI.SHYAM.T.MATHEW
SRI.PAULACHAN IYPE
SR PP SRI CS HRITHWIK
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 1 and 2 in
C.C.No.654/2022 on the file of the Court of the Judicial First
Class Magistrate-III, North Paravur, which has arisen from
Crime No.181/2022 registered by the North Paravur Police
Station, Ernakulam, alleging the commission of the offences
punishable under Sections 341, 324 and 294(b) 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
respondents 2 to 5, who are the legal representatives of the
deceased de-facto complainant and have executed
Annexures A4 to A7 affidavits, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 to 5.
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
respondents 2 to 5 have no subsisting grievance and do not
wish to pursue the prosecution, and have 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
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
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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 First Information Report, Annexure-A2 Final
Report in Crime No.181/2022 of the North Paravur Police
Station and all further proceedings in C.C.No.654/2022 on
the file of the Court of the Judicial First Class Magistrate-III,
North Paravur, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
2026:KER:9488
APPENDIX OF CRL.MC NO. 288 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF CRIME NO. 181/2022 OF NORTH
PARAVUR POLICE STATION, ERNAKULAM RURAL
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
CC/654/2022 WHICH IS NOW PENDING BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE-III, NORTH
PARAVUR
ANNEXURE A3 TRUE COPY OF DEATH CERTIFICATE OF DE-FACTO
COMPLAINANT DATED 28/10/2025 ISSUED BY THE
REGISTRAR OF BIRTHS AND DEATHS KUNNUKARA
GRAMA PANCHAYATH
ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT OF THE CW2 DATED
03/11/2025
ANNEXURE A5 TRUE COPY OF THE AFFIDAVIT OF THE CW3 DATED
20/11/2025
ANNEXURE A6 TRUE COPY OF THE AFFIDAVIT OF THE CW4 DATED
20/11/2025
ANNEXURE A7 TRUE COPY OF THE AFFIDAVIT OF THE CW5 DATED
20/11/2025
