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Kerala High Court
Anandhu vs State Of Kerala on 9 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 492 OF 2026 1
2026:KER:11415
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. 492 OF 2026
CRIME NO.822/2022 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
IN CP NO.130 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
KAYAMKULAM
PETITIONER/ACCUSED NO.2:
ANANDHU,
AGED 27 YEARS
THONDAYYATHU HOUSE, CHERAVALLY, KAYAMKULAM P.O.,
ALAPPUZHA, KERALA, PIN - 690502
BY ADVS.
SHRI.BALASUBRAMANYAN
SMT.PRIYANKA SUSAN RAJU
SHRI.VAISAKH J.
SHRI.HILAL BABU
SHRI.MUHAMMED ASHIK K.A.
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY P UBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KERALA, PIN - 682031
2 SALMAN FARIS,
AGED 21 YEARS
S/O ABDUL VAHEED, NOW RESIDING AT PANIPPURATHEKKATHIL
VEEDU, KMC-8 WARD, KAYAMKULAM VILLAGE, ALAPPUZHA,
KERALA, PIN - 690502
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3 ADHIL AFSAL,
AGED 21 YEARS
S/O AFSAL, ONAMBALLIL HOUSE, KRISHNAPURAM VILLAGE,
PERUNGALA MURI, KAYAMKULAM R.O., ALAPPUZHA, KERALA,
PIN - 690502
4 HARIS,
AGED 21 YEARS
S/O KUNJUMON, NOW RESIDING AT SUNIL MANZIL,
KMC 19,PERINGALA P.O., KAYAMKULAM, ALAPPUZHA, KERALA,
PIN - 690502
5 BIBIN BIJU,
AGED 21 YEARS
S/O BIJU, NOW RESIDING AT VALAYIL HOUSE,
PERINGALA MURI, KAYAMKULAM P.O., ALAPPUZHA, KERALA,
PIN - 690502
BY ADV SHRI.HARIGOVIND S.NAIR
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 petitioner is the 2nd accused in C.P.No.130/2025
on the file of the Court of the Judicial First Class
Magistrate-I, Kayamkulam, which has arisen from Crime
No.822/2022 registered by the Kayamkulam Police Station,
Alappuzha, alleging the commission of the offences
punishable under Sections 323, 324 and 294(b) read with
Section 34 of the Indian Penal Code.
2. The petitioner has 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 petitioner and the
respondents 2 to 5, who have executed Annexures A3 to A6
affidavits, 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 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.822/2022 of the Kayamkulam Police
Station and all further proceedings in C.P.No.130/2025 on
the file of the Court of the Judicial First Class Magistrate-I,
Kayamkulam, as against the petitioner, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
2026:KER:11415
APPENDIX OF CRL.MC NO. 492 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.822 OF
2022 OF KAYAMKULAM POLICE STATION,
ALAPPUZHA DISTRICT DATED 25.08.2022
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CC
OF 2025 OF JFMC-I, KAYAMKULAM DATED
31.08.2022
ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND
RESPONDENT DATED 12.01.2026
ANNEXURE A4 THE TRUE COPY OF THE AFFIDAVIT OF THE 3RD
RESPONDENT DATED 12.01.2026
ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT OF THE 4TH
RESPONDENT DATED 12.01.2026
ANNEXURE A6 THE TRUE COPY OF THE AFFIDAVIT OF THE 5TH
RESPONDENT DATED 12.01.2026
