[Cites 3, Cited by 0]
Kerala High Court
Muhammad Savad S vs State Of Kerala on 9 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 441 OF 2026 1
2026:KER:11410
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
CRL.MC NO. 441 OF 2026
CRIME NO.1416/2025 OF SASTHAMCOTTA POLICE STATION, KOLLAM
IN CC NO.496 OF 2025 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT - II, SASTHAMCOTTA
PETITIONERS/ACCUSED 1 TO 7:
1 MUHAMMAD SAVAD S,
AGED 19 YEARS
S/O SALIM J, RESIDING AT POIKATHARA THEKKATHIL,
KADAPPA,MYNAGAPPALLY, KOLLAM, KERALA,, PIN - 690519
2 MUHANNADH MUSTHAFA,
AGED 20 YEARS
S/O MUSTHAFA, RESIDING AT MANAYILEZHATHU,MUHANNADH
MANZIL, S V MARKET PO, KOZHIKODE,KARUNAGAPPALLY,
KERALA, INDIA,, PIN - 690573
3 CHANDHU SIVAN,
AGED 22 YEARS
S/O SIVAN, RESIDING AT KAILAS, EDAKULANGARA,
THODIYOOR, KARUNAGAPPALLY,KOLLAM, KERALA,, PIN -
690523
4 ADHIL S,
AGED 21 YEARS
S/O, SHAJAHAN, RESIDING AT POIKAYIL, KADAPPA,
SASTHAMCOTTA, KOLLAM, KERALA,, PIN - 690521
5 ALTHAF ASHRAF,
AGED 20 YEARS
S/O ASHARAF, RESIDING AT VILAYIL VADAKKATHIL,
NALUMUKKU, KAKKAKUNNU, KUMARAMCHIRA, SOORANADU,
SASTHAMCOTTA, KOLLAM, KERALA,, PIN - 690522
CRL.MC NO. 441 OF 2026 2
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6 YASEEN MUSTHAFA,
AGED 18 YEARS
S/O MUSTHAFA, RESIDING AT MANAYILEZHATHU MUHANNAD
MANZIL,PALLIMUKKU, MYNAGAPPALLY, SASTHAMCOTTA, KOLLAM,
KERALA,, PIN - 690521
7 SHIYAS S,
AGED 23 YEARS
S/O SHAJI, RESIDING AT SHIBU MANZIL, KOZHIKODE,S V
MARKET PO, KARUNAGAPPALLY,AYANIVELIKULANGARA, KOLLAM,
KERALA,INDIA,, PIN - 690573
BY ADVS.
SHRI.ANANDHU RAJEEV
SHRI.ADARSH RAJEEV
SHRI.RAJEEV RAJADHANI
SMT.O.MINCY
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 ABHISHEK S S,
AGED 19 YEARS
S/O SHIBU, RESIDING AT ANAKHALAYAM,
KADAPPA,MYNAGAPPALLY, KOLLAM, KERALA,, PIN - 690519
BY ADV SMT.RUKSANA HASHIM
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 09th day of February, 2026
The petitioners are the accused Nos.1 to 7 in
C.C.No.496/2025 on the file of the Court of the Judicial First
Class Magistrate (Temp), Sasthamcotta, which has arisen
from Crime No.1416/2025 registered by the Sasthamcotta
Police Station, Kollam, alleging the commission of the
offences punishable under Sections 296(b), 126(2), 115(2),
118(1), 189(2), 191(2) and 191(3) read with Section 190 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 2nd respondent, who has executed
Annexure-A3 affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioners, the learned Senior 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 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 laid
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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
without advancing the cause of justice. Furthermore, the
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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.1416/2025 of the Sasthamcotta Police
Station, Kollam, and all further proceedings in
C.C.No.496/2025 on the file of the Court of the Judicial First
Class Magistrate (Temp), Sasthamcotta, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 441 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF FIR DATED 11.08.2025
IN CRIME NO. 1416/2025 OF SASTHAMCOTTA
POLICE STATION, KOLLAM RURAL
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED
16.08.2025 IN CRIME NO. 1416/2025 OF
SASTHAMCOTTA POLICE STATION, KOLLAM RURAL
ANNEXURE A3 THE ORIGINAL AFFIDAVIT SIGNED BY THE DEFACTO
COMPLAINANT (RESPONDENT NO.2) DATED
15.01.2026
