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Kerala High Court
Ashraf C.P vs State Of Kerala on 9 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 804 OF 2026 1
2026:KER:11414
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. 804 OF 2026
CRIME NO.234/2016 OF THIRURANGADI POLICE STATION, MALAPPURAM
IN CC NO.1762 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST
CLASS , PARAPPANANGADI
PETITIONER:
ASHRAF C.P,
AGED 42 YEARS
S/O ALAVI, CHAKKAPARAMBIL HOUSE, KODINJI,
KOTTATHANGADI P.O, MALAPPURAM, PIN - 676309
BY ADVS.
SHRI.SREEJITH K.
SHRI.ASHIS A.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER , TIRURANGADI POLICE STATION
MALAPPURAM DISTRICT ,CHEMMAD, TIRURANGADI, KERALA,
PIN - 676306
3 SALIM ,
AGED 54 YEARS
,S/O ALAVI CHAKKAPARAMBIL HOUSE , THEYYALINGAL
P.O,TIRURANGADI TALUK, MALAPPURAM, PIN - 676320
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BY ADVS.
SMT.FATHIMA PARVEEN P.S.
SMT.SONA ROMILDA PODUTHAS
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 1st accused in
C.C.No.1762/2016 on the file of the Court of the Judicial
First Class Magistrate-I, Parappanangadi, which has arisen
from Crime No.234/2016 registered by the Tirurangadi
Police Station, Malappuram, alleging the commission of the
offences punishable under Sections 341, 323, 324, and
506(i) 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 3rd respondent, who has
executed Annexure-A4 affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioner, the learned Senior Public Prosecutor, and the
learned Counsel for the 3rd 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 3rd
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
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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 Final Report, Annexure-A2 First Information
Report in Crime No.234/2016 of the Tirurangadi Police
Station, and all further proceedings in C.C.No.1762/2016
on the file of the Court of the Judicial First Class
Magistrate-I, Parappanangadi, as against the petitioner,
are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 804 OF 2026
PETITIONER ANNEXURES
ANNEXURE A 1 THE CERTIFIED COPY OF THE FINAL REPORT NO:
335/2016 DATED 15/06/2016 IN CC
NO.1762/2016 PENDING BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-
1 ,PARAPPANANGADI
ANNEXURE A 2 THE CERTIFIED COPY OF THE FIR NO 234/2016
DATED 09/04/2016 OF TIRURANGADI POLICE
STATION, MALAPPURAM DISTRICT
ANNEXURE A 3 A TRUE COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO 234/2016 DATED
10/04/2016 OF TIRURANGADI POLICE STATION,
MALAPPURAM DISTRICT
ANNEXURE A 4 TRUE COPY OF THE AFFIDAVIT DATED 08.01.2026
SWORN BY THE 3RD RESPONDENT
