[Cites 3, Cited by 0]
Kerala High Court
Niyas vs State Of Kerala on 4 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 646 OF 2026 1
2026:KER:9483
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. 646 OF 2026
IN CC NO.1092 OF 2024 OF MUNSIFF MAGISTRATE COURT
(JUDICIAL MAGISTRATE OF FIRST CLASS)/RENT CONTROL
COURT ,NILAMBUR
PETITIONERS/ACCUSED NOS.1 TO 4:
1 NIYAS,
AGED 22 YEARS
S/O RAYINKUTTY, KATTUMUNDA HOUSE, KUTTIKKADU,
MOOTHEDAM, NILAMBUR, MALAPPURAM DISTRICT,
PIN - 679331
2 JIHAD MON,
AGED 21 YEARS
S/O ABDULRAHMAN, KUNNUMMAL HOUSE, KUTTIKKADU,
MOOTHEDAM, NILAMBUR, MALAPPURAM DISTRICT,
PIN - 679331
3 SHEFEEQ RAHMAN,
AGED 21 YEARS
S/O MUNEER, KAVUNGHAL HOUSE, KUTTIKKADU, MOOTHEDAM,
NILAMBUR, MALAPPURAM DISTRICT, PIN - 679331
4 SHIBIL,
AGED 21 YEARS
S/O MUBEER, KARUTHEDATH HOUSE, KUTTIKKADU,
MOOTHEDAM, NILAMBUR, MALAPPURAM DSITRICT,
PIN - 679331
BY ADVS.
SHRI.SABIKH MOHAMMED V.S
SHRI.JISHNU PRASAD
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RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
EDAKKARA POLICE STATION, EDAKKARA,
MALAPPURAM POLICE STATION, PIN - 679331
3 MUHAMMED SWALIH SHIBIL PT,
AGED 19 YEARS
S/O ASSAINAR, PATTATHODIKA HOUSE,
MILLUMPADI,KARAPPURAM, MOOTHEDAM,
MALAPPURAM DISTRICT, PIN - 679331
4 AMAL NAJAD T
AGED 19 YEARS
S/O FIROS, THOPPIL HOUSE, NEAR PALIATIVE ROAD
KARAPPURAM, MOOTHEDAM, MALAPPURAM DISTRICT,
PIN - 679331
5 MUHAMMED SHIBIL M
AGED 19 YEARS
S/O SUNIL BABU, MADASSERI HOUSE, NEAR CRESCENT
SCHOOL, KARAPPURAM, MOOTHEDAM, MALAPPURAM DISTRICT,
PIN - 679331
6 RISHIN SADATH P
AGED 19 YEARS
S/O ANWAR(LATE), POTTAYIL HOUSE, PANAMBATTA,
KARAPPURAM, MOOTHEDAM, MALAPPURAM DISTRICT,
PIN - 679331
7 ADIL ANSARI
AGED 18 YEARS
S/O ABDUL GAFOOR, KILAYIL HOUSE, KARAPPURAM,
MOOTHEDAM, MALAPPURAM DISTRICT, PIN - 679331
8 MISHAL M,
AGED 18 YEARS
S/O ALI, MUNDAYIL HOUSE, NEAR KSEB OFFICE,
KARAPPURAM, MOOTHEDAM, MALAPPURAM DISTRICT,
PIN - 679331
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9 MUHAMMED SHAFI @ SAPPI
AGED 19 YEARS
S/O SHIJU, THOZHUVANTHODI HOUSE, KARAPPURAM,
MOOTHEDAM, MALAPPURAM DISTRICT, PIN - 679331
BY ADV SHRI.FEBIN RAJ TS
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:
CRL.MC NO. 646 OF 2026 4
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ORDER
Dated this the 04th day of February, 2026
The petitioners are the accused 1 to 4 in
C.C.No.1092/2024 on the file of the Court of the Judicial
First Class Magistrate, Nilambur, which has arisen from
Crime No.1030/2024 registered by the Edakkara Police
Station, Malappuram, alleging the commission of the
offences punishable under Sections 126(2), 115(2) and
351(2) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
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 3 to 9, who have executed Annexures A3 to
A9 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 3 to 9.
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 3 to 9 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
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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 First Information Report, Annexure-A2 Final
Report in Crime No.1030/2024 of the Edakkara Police
Station and all further proceedings in C.C.No.1092/2024
on the file of the Court of the Judicial First Class
Magistrate, Nilambur, as against the petitioners, are
hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
2026:KER:9483
APPENDIX OF CRL.MC NO. 646 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF FIR & FIS IN CRIME
NO. 1030/2024 OF POLICE STATION OF
EDAKKARA, MALAPPURAM DISTRICT
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1030/2024 OF POLICE STATION OF
EDAKKARA, MALAPPURAM DISTRICT WHICH IS NOW
PENDING AS CC NO.1092/2024 ON THE FILES OF
THE JUDICIAL FIRST CLASS MAGISTRATE COURT,
NILAMBUR
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED
17.01.2026 SWORN BY THE 3RD RESPONDENT/DE-
FACTO COMPLAINANT
ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT DATED
17.01.2026 SWORN BY THE 4TH RESPONDENT
ANNEXURE A5 THE ORIGINAL OF THE AFFIDAVIT DATED
17.01.2026 SWORN BY THE 5TH RESPONDENT
ANNEXURE A6 THE ORIGINAL OF THE AFFIDAVIT DATED
17.01.2026 SWORN BY THE 6TH RESPONDENT
ANNEXURE A7 THE ORIGINAL OF THE AFFIDAVIT DATED
17.01.2026 SWORN BY THE 7TH RESPONDENT
ANNEXURE A8 THE ORIGINAL OF THE AFFIDAVIT DATED
17.01.2026 SWORN BY THE 8TH RESPONDENT
ANNEXURE A9 THE ORIGINAL OF THE AFFIDAVIT DATED
17.01.2026 SWORN BY THE 9TH RESPONDENT
