[Cites 1, Cited by 0]
Kerala High Court
Vishnu Manoharan vs State Of Kerala on 9 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:11570
CRL.MC NO. 425 OF 2026
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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. 425 OF 2026
CRIME NO.543/2024 OF Kasaragod Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1534 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD
PETITIONERS/ACCUSED 1 TO 6:
1 VISHNU MANOHARAN,
AGED 21 YEARS
S/O MANOHARAN, R/AT THATTAVALAPPIL HOUSE,
PARAPPA,VELLARIKKUNDU, KASARAGOD DISTRICT., PIN -
671123
2 VISHNU.V.J,
AGED 22 YEARS
S/O. JINU.V.S., R/AT VALIYAPURAYIL HOUSE, THIRUMENI,
CHERUPUZHA, KANNUR DISTRICT., PIN - 670511
3 HARIKRISHNAN.T.T,
AGED 22 YEARS
S/O. KRISHNADAS., R/AT KUTHIRAKKOL, IRIYANNI, MULIYAR
VILLAGE, KASARAGOD DISTRICT., PIN - 671123
4 KIRAN.K,
AGED 21 YEARS
S/O. T. VIJAYAN,R/AT KUDTHADKA, ENMAKAJE VILLAGE,
KASARAGOD DISTRICT, PIN - 671121
5 ANSIL MUHAMMED,
AGED 22 YEARS
R/AT KOLLAMTHODI, KULANGARA, PANNITHODU, KODIYATHUR
VILLAGE, KOZHIKKOD DISTRICT, PIN - 673602
6 VISAKH.P,
AGED 22 YEARS
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S/O. BALAN.P.K.,R/AT PANAMKUNNIL, CHERUPUZHA, KANNUR
DISTRICT., PIN - 670511
BY ADV SRI.KODOTH SREEDHARAN
RESPONDENTS/COMPLAINANT AND STATE:
1 STATE OF KERALA,
THROUGH THE STATION HOUSE OFFICER, KASARAGOD POLICE
STATION, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 MOHAMMED IRFAN,
S/O YOUSUF.O.A., R/AT YASIR MANZIL,ULIYATHADKA,
KUDLU.P.O., HIDAYATH NAGER,KASARAGOD DISTRICT., PIN -
671124
3 MOHAMMED FARHAN.N.S,
S/O SHAREEF.N.S., R/AT ABOOBACKER HAJI QUARTERS,
PADINJAREMOOLA, MUTTATHODY POST, ALAMPADY, KASARAGOD
DISTRICT., PIN - 671121
BY ADV SHRI.CHACKOCHEN VITHAYATHIL
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
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 9th day of February, 2026
The petitioners are the accused 1 to 6 in
C.C.No.1534/2024 on the file of the Court of the Judicial
First Class Magistrate, Kasaragod, (Trial Court), which has
originated from Crime No.543/2024 registered by the
Kasaragod Police Station, alleging the commission of the
offences punishable under Sections 189(2), 191(2), 126(2)
and 115(2) r/w 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 respondents 2 and 3, who have
executed Annexures II and III affidavits, affirming the
settlement.
3. I have heard the learned Counsel appearing for the
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petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 and 3.
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
and 3 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
laid down by Hon'ble Supreme Court, in Gian Singh v. State
of Punjab [(2012) 10 SCC 303], State of Madhya Pradesh v.
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CRL.MC NO. 425 OF 2026
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 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
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inherent jurisdiction.
In the result, the Crl. M.C. is allowed. Accordingly,
Annexure I final report, and all further proceedings in C.C.
No. 1534/2024 of the Trial Court, as against the petitioners,
are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
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APPENDIX OF CRL.MC NO. 425 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.543/2024 DT.14/08/2024 OF KASARAGOD
POLICE STATION
Annexure II TRUE COPY OF THE AFFIDAVIT BY THE 2ND
RESPONDENT
Annexure III TRUE COPY OF THE AFFIDAVIT BY THE 3RD
RESPONDENT
