[Cites 4, Cited by 0]
Kerala High Court
Sarath vs State Of Kerala on 11 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 866 OF 2026 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
CRL.MC NO. 866 OF 2026
CRIME NO.183/2016 OF PARAPPANGADI POLICE STATION, MALAPPURAM
IN CC NO.437 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST
CLASS , PARAPPANANGADI
PETITIONER/ACCUSED:
SARATH,
AGED 33 YEARS, S/O SUDHEER, PACHATT HOUSE,
VALLIKUNNU NORTH P.O, TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN - 673314
BY ADVS. SHRI.NINEEP K.
SRI.C.MOHAMMED MUSTHAFA
RESPONDENTS/STATE, DEFACTO COMPLAINANT/CW1 AND CW2:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 RAJESH,
AGED 41 YEARS
S/O BALAKRISHNAN, MADAVAMPATT HOUSE, KADALUNDI.P.O,
BALATHIRUTHI, KOZHIKODE TALUK, KOZHIKODE DISTRICT,
PIN - 673302
3 JIJOSH,
AGED 34 YEARS
S/O SASIDHARAN, KANARIKKAL HOUSE, VALLIKUNNU
NORTH.P.O, PORANCHERY, TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN - 673314
BY ADV SRI.D.ARUN BOSE
SRI.M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 11th day of February, 2026
The petitioner is the accused in C.C.No.437/2024
on the file of the Court of the Judicial First Class Magistrate-
I, Parappanangadi, which has arisen from Crime
No.183/2016 registered by the Parappangadi Police Station,
Malappuram, alleging the commission of the offences
punishable under Sections 143, 147, 341, 323 and 324 read
with 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 2 and 3
who have executed Annexures A4 and A5 affidavits,
affirming the settlement.
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3. I have heard the learned Counsel appearing for the
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
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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
without advancing the cause of justice. Furthermore, the
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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.183/2016 of the Parappangadi Police
Station and all further proceedings in C.C.No.437/2024 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. 866 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF F.I.R NO.183/2016 DATED
21.02.2016 OF PARAPPANANGADI POLICE
STATION, MALAPPURAM DISTRICT
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
25.10.2016 ARISING OUT OF ANNEXURE A1 F.I.R
NO.183/2016 OF PARAPPANANGADI POLICE
STATION, MALAPPURAM DISTRICT, NOW PENDING
ON THE FILES OF HONOURABLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-1, PARAPPANANGADI AS
ANNEXURE A3 CERTIFIED COPY OF JUDGMENT IN
C.C.NO.1479/2016 DATED 24.03.2024
PRONOUNCED BY THE HONOURABLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, PARAPPANANGADI
ANNEXURE A4 AFFIDAVIT DATED 27.01.2026 SIGNED BY THE
2ND RESPONDENT
ANNEXURE A5 AFFIDAVIT DATED 27.01.2026 SIGNED BY THE
3RD RESPONDENT
