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Kerala High Court
Vishweshwar A Suresh vs State Of Kerala on 4 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 629 OF 2026 1
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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. 629 OF 2026
CRIME NO.746/2025 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM
IN CC NO.468 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -V, THIRUVANANTHAPURAM(SPECIAL COURT-MARKLIST CASES)
PETITIONERS/ACCUSED 1 TO 3:
1 VISHWESHWAR A SURESH,
AGED 28 YEARS
S/O SURESH KUMAR, TC NO. 2/1576, ANUGRAH HOUSE,
KOTTTARA LANE, GOWREESAPATTOM, THIRUVANANTHAPURAM,
PIN - 695002
2 HARILAL,
AGED 29 YEARS
S/O MOHAN, LAL BA SADANAM, OPP BATTISDA CLINIC,
NJAANDOORKONAM, THIRUVANANTHAPURAM, PIN - 695003
3 ASWIN,
AGED 27 YEARS
S/O UNNI, T C NO. 11/2216, KNRA 164, POOJA SADANAM,
KANAKA NAGAR, KAWDIAR, THIRUVANANTHAPURAM, PIN -
695003
BY ADV SMT.MANJUSHA K
RESPONDENTS/STATE AND DEFACTO COMPLAINANT AND INJURED WITNESS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
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2 THE STATION HOUSE OFFICER,
THUMBA POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695582
3 KIRAN,
AGED 33 YEARS
S/O BALAKRISHNAN NAIR, THUNDUVILAKATHU VEEDU,
NEAR PASSPORT OFFICE, KAITHAMUKKU, PALLITHURA,
VANCHIYOOR THIRUVANANTHAPURAM, PIN - 695035
4 AFSAL,
AGED 28 YEARS
S/O SAIFUDHEEN, PLAVILA VEEDU, VARIKKUMUKKU,
MANGALAPURAM MURUKKUMPUZHA, THIRUVANANTHAPURAM,
PIN - 695302
BY ADV SMT.RAKHI V.R.
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 to 3 in
C.C.No.468/2025 on the file of the Court of the Judicial
First Class Magistrate-V, Thiruvananthapuram (Special
Court-Marklist Cases), which has arisen from Crime
No.746/2025 registered by the Thumba Police Station,
alleging the commission of the offences punishable under
Sections 296(b), 351(2) and 126(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 and 4, who have executed Annexures A3 and
A4 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 and 4.
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 and 4 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
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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.746/2025 of the Thumba Police Station
and all further proceedings in C.C.No.468/2025 on the file
of the Court of the Judicial First Class Magistrate-V,
Thiruvananthapuram, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 629 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 746 OF 2025
OF THUMBA POLICE STATION DATED 13-6-2025
ANNEXURE A2 TRUE COPY OF FINAL REPORT IN CRIME NO. 746
OF 2025 PENDING BEFORE JUDICIAL FIRST-CLASS
MAGISTRATE COURT V, THIRUVANANTHAPURAM AS C
C NO. 468 OF 2025
ANNEXURE A3 TRUE COPY OF AFFIDAVIT DULY SIGNED BY THE
3RD RESPONDENT DATED 31-12-2025
ANNEXURE A4 TRUE COPY OF AFFIDAVIT DULY SIGNED BY THE
4TH RESPONDENT DATED 31-12-2025
