[Cites 11, Cited by 0]
Kerala High Court
Shiju M.S vs State Of Kerala on 11 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:12383
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. 903 OF 2026
CRIME NO.1815/2017 OF Kadavanthra Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.542 OF 2019 OF
DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
ERNAKULAM
PETITIONERS/ACCUSED 1 TO 6:
1 SHIJU M.S,
AGED 48 YEARS
S/O SANKARAN MUNDAMPARAMBIL (H),
SHINE ROAD, VYTILLA.P.O., POONITHURA VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682019
2 SHARAN M.C,
AGED 44 YEARS
S/O CHANDRAMOHAN, MANAPUZHIPARAMBIL HOUSE,
KACHAPPALLY ROAD, ATAM LANE, PONNURUNNI,
PONNURUNNI VILLAGE, KANAYANNOOR TALUK,
ERNAKULAM DISTRICT, PIN - 682019
3 RATHEESH K. A.
AGED 44 YEARS
S/O KARTHIKEYAN, MANIKYAMPURAM HOUSE,
PATTUKULANGARA KARA, THURAVUR.P.O.,
KUTHIYATHODU VILLAGE,
ALAPPUZHA DISTRICT, PIN - 688533
4 MURALIKRISHNAN,
AGED 42 YEARS
S/O GOPINATH, 33/1231F, MANIKKATH HOUSE,
CHALIKKAVATTOM, PONNURUNNI VILLAGE,
KANAYANNOOOR TALUK, ERNAKULAM DISTRICT, PIN - 682019
5 KEVIN VARGHESE
AGED 30 YEARS
S/O VARGHESE, KALLARACKAL HOUSE,
VYTILLA. P.O., PONNURUNNI VILLAGE,
KANAYANNOOR TALUK,
ERNAKULAM DISTRICT,, PIN - 682019
CRL.MC NO. 903 OF 2026 2
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6 ALDON LAWRENCE
AGED 27 YEARS
S/O GEORGE SHAJI, OTTATHENGUKAL HOUSE,
KACHAPPALY ROAD, VYTILLA, POONITHURA VILLAGE,
ERNAKULAM DISTRICT, PIN - 682019
BY ADV SMT.R.REKHA
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
2 SUB INSPECTOR OF POLICE,
KADAVANTHRA POLICE STATION,
ERNAKULAM DISTRICT, PIN - 682020
3 ANISHNATH SHARMA @ ABHILASH,
AGED 46, S/O SOMANATHA SARMA,
ARYA BHAVAN, KANJIKUZHI PANCHAYAT,
THODUPUZHA TALUK, IDUKKI DISTRICT,
NOW RESIDING AT SINDHI COLONY, SECTOR-02,
SHIVANAND NAGAR, KHAMATARAI-2, KHATMTARAI.P.O.,
RAIPUR DISTRICT,
CHHATTISGRAH-492 008, PIN - 685606
4 SANU MAXI MAYITHATTUKATH,
AGED 43, S/O MAXI, MAYITHATTKATH HOUSE,
ST.JAMES ROAD, POONITHURA VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT,
ERNAKULAM DISTRICT
NOW RESIDING AT 46C APARTMENT,
JKL STREET, EDENDERRY CO. OF OFFALY,
IRELAND, PH: 8848106979, PIN - 682019
BY ADV SMT.ELIZABETH KURIAN
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SMT SEETHA S
CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 903 OF 2026 3
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Dated this the 11th day of February, 2026
ORDER
The petitioners are accused Nos. 1 to 6 in S.C.No.
542/2019 on the file of the Additional Sessions Court-VI,
Ernakulam ('Trial Court', for short), which has originated
from Crime No. 1815/2017 registered by the
Kadavanthra Police Station, Ernakulam District, alleging
the commission of the offences punishable under
Sections 143, 147, 342, 395, 308 and 377 of the Indian
Penal Code, Section 9(1)(a)(b) of the Kerala Prohibition
of Charging Exorbitant Interest Act, 2012 and Sections 3
read with Section 13 and 17 of the Kerala Money
Lenders Act, 1058
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
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been amicably settled between the petitioners and the
respondents 3 and 4, who have executed Annexures A2
and A3 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 3 and 4.
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
party respondents 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
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this Court to quash criminal proceedings on the ground
of settlement between the parties have been
authoritatively laid down by the 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
2026:KER:12383
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, Annexure A1 FIR and Chargesheet in Crime
No.1815/2017 of the Kadavanthra Police Station and all
further proceedings in S.C. No. 542/2019 of the Trial
Court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
mtk
2026:KER:12383
APPENDIX OF CRL.MC NO. 903 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIR AND CHARGE SHEET IN S.C.
NO. 542/2019 ON THE FILES OF THE VITH
ADDITIONAL SESSIONS COURT, ERNAKULAM,
ARISING OUT OF F.I.R. NO. 1815/2017 OF
KADAVANTHRA POLICE STATION, KADAVANTHRA,
ERNAKULAM DISTRICT
Annexure A2 THE AFFIDAVIT OF 4TH RESPONDENT DATED
10.11.2024
Annexure A3 THE AFFIDAVIT OF 3RD RESPONDENT DATED
28.12.2025
