[Cites 4, Cited by 0]
Kerala High Court
Sajith S R vs State Of Kerala on 10 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1885 OF 2025 1 2026:KER:12207
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
CRL.MC NO. 1885 OF 2025
CRIME NO.1979/2015 OF Nedumangad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.94 OF 2021 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, NEDUMANGAD
PETITIONER/ACCUSED:
SAJITH S R,
AGED 29 YEARS
S/O SHAHUL HAMEED, SHAFEEK MANZIL, THADATHARIKATHU
VEEDU, HOUSING BOARD, NETTA, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695541
BY ADV SRI.V.A.VINOD
RESPONDENT/COMPLAINANT AND INJURED:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM, PIN -
695541
3 RIJU M A,
AGED 46 YEARS
S/O MUHAMMED RASHEED, KUNNATHU PUTHEN VEEDU, VALICODE,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN - 695541
4 NAVASKHAN M,
AGED 43 YEARS
S/O MUHAMMED KASIM, AL NASEEB, FM LAND, MULAVANCODE,
CRL.MC NO. 1885 OF 2025 2 2026:KER:12207
VALICODE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN -
695541
5 RIYASKHAN A,
AGED 49 YEARS
S/O MUHAMMED RASHEED, KUNNATHU PUTHEN VEEDU, KOPPAM,
VALICODE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN -
695541
BY ADV SRI.SHAKTHI PRAKASH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1885 OF 2025 3 2026:KER:12207
C.S.DIAS, J.
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CRL.MC NO. 1885 OF 2025
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Dated this the 10th day of February, 2026
ORDER
The petitioner is the accused in S.C.No.94/2021 on the
file of the Court of the Assistant Sessions, Nedumangad
(Trial Court), which has originated from Crime
No.1979/2015 registered by the Nedumangad Police
Station, Thiruvananthapuram alleging the commission of
the offences punishable under Sections 143, 147, 148,
294(b), 323, 324 and 308 r/w Section 149 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 3 to 5, who
CRL.MC NO. 1885 OF 2025 4 2026:KER:12207
have executed Annexure A3 to A5 affidavits, affirming the
settlement.
3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the respondents 3 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 3 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
CRL.MC NO. 1885 OF 2025 5 2026:KER:12207
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. 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
CRL.MC NO. 1885 OF 2025 6 2026:KER:12207
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
inherent jurisdiction.
In the result, the Crl. M.C. is allowed. Accordingly,
Annexure A1 FIR, Annexure A2 Final Report in Crime No.
1979/2015 of the Nedumangad Police Station and all
further proceedings in S.C. No.94/2021 on the file of the
Trial Court, as against the petitioner, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
SCB/10.02.26.
CRL.MC NO. 1885 OF 2025 7 2026:KER:12207
APPENDIX OF CRL.MC NO. 1885 OF 2025
PETITIONER ANNEXURES
Annexure A-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 1979 OF NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM DATED 05.12.2015 ALONG
WITH FIS
Annexure A-2 TRUE COPY OF THE FINAL REPORT IN S C NO
94/2021 PENDING ON THE FILES OF HON'BLE
ASSISTANT SESSIONS COURT, NEDUMANGAD DATED
12.07.2016
Annexure A-3 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE
RESPONDENT 3 DATED 19.02.2025
Annexure A-4 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE
RESPONDENT 4 DATED 19.02.2025
Annexure A-5 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE
RESPONDENT 5 DATED 19.02.2025
