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Kerala High Court
N.K.Abdul Rahman vs State Of Kerala on 11 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 915 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. 915 OF 2026
CRIME NO.1330/2020 OF HOSDURG POLICE STATION, KASARGOD
IN CC NO.773 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
HOSDRUG
PETITIONERS/ACCUSED 1 TO 4:
1 N.K.ABDUL RAHMAN,
AGED 47 YEARS
S/O.MAMMU M, BAVANAGAR, KANHANGAD VILLAGE,
HOSDURG TALUK, KASARGODE, PIN - 671315
2 HARIS N.K,
AGED 45 YEARS
S/O.IBRAHIM, N.K.HOUSE, BAVANAGAR, KANHANGAD
VILLAGE, HOSDURG TALUK,KASARGODE,, PIN - 671315
3 SUBAIR P,
AGED 52 YEARS
S/O MUHAMMAD KALATHIL, KALATHIL HOUSE, MURIYANAVI,
KANHANGAD VILLAGE, HOSDURG TALUK,KASARGODE,,
PIN - 671315
4 IBRAHIM M ,
AGED 47 YEARS
S/O.MOIDEENKUNHI, RASHEEDA MANZIL, KANHANGAD
VILLAGE, HOSDURG , KASARGODE., PIN - 671315
BY ADVS.
SRI.A.ARUNKUMAR
SRI.S.SHYAM KUMAR
SHRI.SACHIN GEORGE ARAMBAN
SMT.SHYAMILI S.L.
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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -, PIN - 682031
2 ABDUL JALEEL B,
AGED 37 YEARS
S/O.ANDHUMAI, IRFANA MANZIL, BAVANAGAR, KANHANGAD
VILLAGE, HOSDURG TALUK, KASARGODE., PIN - 671315
3 RIYAS.C.H,
AGED 41 YEARS
S/O MOIDU HAJI ,SAREENA VILLA, BAVA NAGAR, KANHNAGAD
KADAPPURAM, KANHANGAD VILLAGE, HOSDURG TALUK,
KASARAGOD., PIN - 671315
BY ADV SHRI.VIPIN T JOSE
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 petitioners are the accused 1 to 4 in
C.C.No.773/2021 on the file of the Court of the Judicial
First Class Magistrate-I, Hosdurg, which has arisen from
Crime No.1330/2020 registered by the Hosdurg Police
Station, Kasaragod, alleging the commission of the offences
punishable under Section 341, 323, 324 and 506(i) read
with Section 34 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
respondents 2 and 3, who have executed Annexures AIII
and AIV 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
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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 AI First Information Report, Annexure AII Final
Report in Crime No.1330/2020 of the Hosdurg Police
Station, Kasaragod, and all further proceedings in
C.C.No.773/2021 on the file of the Court of the Judicial
First Class Magistrate-I, Hosdurg, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 915 OF 2026
PETITIONER ANNEXURES
ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO. 1330
OF 2020 OF HOSDURG POLICE STATION,
KASARAGOD
ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 773 OF 2021 OF HOSDURG POLICE
STATION, KASARAGOD
ANNEXURE AIII THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 06.01.2026
ANNEXURE AIV THE AFFIDAVIT SWORN TO BY THE 3RD
RESPONDENT DATED 06.01.2026
