[Cites 3, Cited by 0]
Kerala High Court
Muhammed Sahil vs State Of Kerala on 11 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 900 OF 2026
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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. 900 OF 2026
CRIME NO.1163/2024 OF ANCHAL POLICE STATION, KOLLAM
IN CC NO.487 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PUNALUR
PETITIONERS/ACCUSED 1 TO 9:
1 MUHAMMED SAHIL,
AGED 22 YEARS
S/O SALEEM, OZHUKUPARA CHARUVILA VEED,
K.K KONAM P.O, ALLIKKAL,THIRUVANANTHAPURAM,
PIN - 695604
2 ADHIL HARIS,
AGED 21 YEARS
S/O HARIS, RISA MANZIL, THADIKKAD P.OI,
ANCHAL, KOLLAM, PIN - 691306
3 BONEY DANIEL,
AGED 22 YEARS
S/O BAIJU, KUNNUVILA VEED, AMBIPOIKA P.O,
KUNDARA, ELAMPALLOOR, KOLLAM, PIN - 691501
4 ABIN,
AGED 22 YEARS
S/O AJI, KARIKATHIL VEEDU, NEDUPURAM,
KOTTUKAL P.O, KADAKKAL, KOLLAM, PIN - 691306
5 SARUN SURESH
AGED 21 YEARS
S/O LEENA SURESH, MANOJ BHAVAN, AMBALAKADAVU,
KULATHUPPUZHA, THINKALKKARIKKAM, KOLLAM, PIN - 691310
6 MUHAMMED FAYIS HUSSAIN,
AGED 20 YEARS
S/O SAKEER HUSSAIN, DARUL FAYIS, NEAR SISU VIHAR,
ALAYAMON P.O, ANCHAL, KOLLAM, PIN - 691306
CRL.MC NO. 900 OF 2026
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7 AL AMEEN
AGED 23 YEARS
S/O FASALUDEEN, ALFI MANZIL, GANAPATHINADA,
POREDOM, CHADAYAMANGALAM, KOLLAM, PIN - 691534
8 MIDHUN
AGED 21 YEARS
S/O MINU KUMAR, MIDHUN BHAVAN, AATTINU KIZHAKKEKKARA,
VILLU MALA, KULATHUPPUZHA, KOLLAM, PIN - 691310
9 AFSAL KHAN
AGED 21 YEARS
S/O JAFAR KHAN, PALAMOOTTIL VEEDU, ARYANKAVU,
KAZHUTHURUTTI P.O, THENMALA, KOLLAM, PIN - 691308
BY ADV SHRI.NAHAS H.
RESPONDENTS/DEFACTO COMPLAINANT/INJURED:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ,ERNAKULAM, PIN - 682031
2 SHIVA PRASAD,
AGED 23 YEARS
D/O PONNUSWAMI, RESIDING AT HARI BHAVAN,
SNEHARAM COLONY, BHARATHIPURAM
P.O,EROOR,ANCHAL ,KOLLAM DISTRICT, PIN - 682306
BY ADV SMT.RIZWANA T.N
SR PP SRI C S HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 900 OF 2026
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No. 900 of 2026
--------------------------------------------
Dated this the 11th day of February, 2026
ORDER
The petitioners are the accused in CC No.487/2025
on the file of the Court of the Judicial First Class
Magistrate-I, Punalur, which has originated from Crime
No.1163/2024 registered by the Anchal Police Station,
Kollam, alleging the commission of the offences
punishable under Sections 189(2), 189(4), 191(2), 191(3),
126(2), 115(2) and 118(1) read with Section 190 of the
Bharatiya Nyaya Sanhita, 2023.
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 filing of the complaint has
been amicably settled between the petitioners and the 2nd
CRL.MC NO. 900 OF 2026
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respondent, who has executed Annexure-A3 affidavit,
affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the
learned Counsel for the 2nd respondent.
4. The learned counsel on either side submit that,
with the intervention of relatives and well-wishers, the
parties have resolved their disputes amicably. The 2nd
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.
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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
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
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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 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,
Annexures A1 FIR, A2 Final Report and all further
proceedings in CC No.487/2025 on the file of the Court of
the Judicial First Class Magistrate-I, Punalur, as against
the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 900 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR NO: 1163/2024 DATED
04.11.2024 FILED BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-1 ,PUNALUR
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CC
487/2025 DATED 30.05.2025 BEFORE JUDICIAL
FIRST CLASS MAGISTRATE COURT-1 ,PUNALUR
ANNEXURE A3 THE ORIGINAL AFFIDAVIT SWORN BY THE DEFACTO
COMPLAINANT/ SECOND RESPONDENT DATED
04.01.2026
