[Cites 4, Cited by 0]
Kerala High Court
Akshay Suresh vs Ajinas on 10 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 11110 OF 2025 1 2026:KER:12190
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. 11110 OF 2025
CRIME NO.1020/2018 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.126 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA
PETITIONERS/ACCUSED:
1 AKSHAY SURESH ,
AGED 28 YEARS
S/O SURESH BABU, AJITHALAYAM(H), MAYYANNUR PO,
VATAKARA, KOZHIKODE, PIN - 673542
2 VYSHNAV ,
AGED 27 YEARS
S/O DINESHAN, KANDIYIL(H), MAYYANNUR PO, VATAKARA,
KOZHIKODE, PIN - 673542
3 JISHNU,
AGED 27 YEARS
S/O BALA KRISHAN, THATTARATH MEETHAL(H), MAYYANNUR PO,
VATAKARA, KOZHIKODEE, PIN - 673542
4 ATHUL RAM ,
AGED 26 YEARS
S/O KUNJIRAMAN, KANDIYIL (GEETHABHAVAN) (H), MAYYANNUR
PO, VATAKARA, KOZHIKODE, PIN - 673542
5 VISHNU ,
AGED 25 YEARS
S/O SASI, KOROTH KUNI (H), MAYYANNUR PO, VATAKARA,
KOZHIKODE, PIN - 673542
6 AKHIL RAJ ,
AGED 25 YEARS
S/O RAJAN, OTTAPURACKAL (H), MAYYANNUR PO, VATAKARA,
KOZHIKODE, PIN - 673542
CRL.MC NO. 11110 OF 2025 2 2026:KER:12190
BY ADV SMT.K.REEHA KHADER
RESPONDENT/DEFACTO COMPLAINANT :
1 AJINAS,
AGED 26 YEARS
S/O ASHRAF, THAREMMAL(H), MAYYANNUR P.O., VATAKARA,
KOZHIKODE, PIN - 673542
2 ARFAS ,
AGED 26 YEARS
S/O ABOOBACKER, THATTARATH MEETHAL LAKSHMAN VEEDU(H),
MAYYANNUR P.O., VATAKARA, KOZHIKODE, PIN - 673542
3 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
BY ADV SRI.O.T.JABISH
PP SRI SANAL P RAJ
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. 11110 OF 2025 3 2026:KER:12190
C.S.DIAS, J.
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CRL.MC NO. 11110 OF 2025
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Dated this the 10th day of February, 2026
ORDER
The petitioners are the accused Nos.1 to 6 in
C.C.No.126/2019 on the file of the Court of the Judicial
First Class Magistrate, Vatakara, (Trial Court), which has
originated from Crime No.1020/2018 registered by the
Vatakara Police Station, Kozhikode, alleging the
commission of the offences punishable under Sections
143, 147, 148, 341, 323, 324 and 427 of r/w Section 149
of the Indian Penal Code.
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
CRL.MC NO. 11110 OF 2025 4 2026:KER:12190
respondents 1 and 2, who have executed Annexures 4(a)
and 4(b) affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 1 and 2.
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 1 and 2 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. 11110 OF 2025 5 2026:KER:12190
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. 11110 OF 2025 6 2026:KER:12190
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 1 Final Report in Crime No.1020/2018 of the
Vatakara Police Station, Kozhikode and all further
proceedings in C.C. No.126/2019 on the file of the Trial
Court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
SCB/10.02.26.
CRL.MC NO. 11110 OF 2025 7 2026:KER:12190
APPENDIX OF CRL.MC NO. 11110 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1020 OF 2018 OF VATAKARA POLICE
STATION, KOZHIKODE, DATED 30.11.2018 IS
PRODUCED AS ANNEXURE 1
Annexure 2 THE CERTIFIED COPY OF THE MEMORANDUM OF
EVIDENCE IN CRIME NO. 1020 OF 2018 OF
VATAKARA POLICE STATION, KOZHIKODE IS
PRODUCED AS ANNEXURE 2
Annexure 3 (a) A TRUE COPY OF THE STATEMENTS OF 1ST
RESPONDENT IN CRIME NO.1020 OF 2018 OF
VATAKARA POLICE STATION, KOZHIKODE, IS
PRODUCED AS ANNEXURE 3(A)
Annexure 3 (b) A TRUE COPY OF THE STATEMENTS OF 2ND
RESPONDENT IN CRIME NO.1020 OF 2018 OF
VATAKARA POLICE STATION, KOZHIKODE, IS
PRODUCED AS ANNEXURE 3(B)
Annexure 4(a) THE AFFIDAVIT DULY SIGNED BY THE 1ST
RESPONDENT DATED 25.09.2025 IS PRODUCED AS
ANNEXURE 4(A).
Annexure 4(b) THE AFFIDAVIT DULY SIGNED BY THE 2ND
RESPONDENT DATED 25.09.2025 IS PRODUCED AS
ANNEXURE 4(B).
