[Cites 4, Cited by 0]
Kerala High Court
Kuldeep vs State Of Kerala on 12 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:12842
CRL.MC NO. 7268 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
CRL.MC NO. 7268 OF 2025
CRIME NO.1077/2023 OF Feroke Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1176 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE) KOZHIKODE
PETITIONERS/ACCUSED:
1 KULDEEP,
AGED 34 YEARS
S/O SHRIKRISHNA SHARMA, KHERIYAPAL, IGLAS, ALIGARH,
UTTAR PRADESH, PIN - 202137
2 KANHAIYA LAL,
AGED 28 YEARS
S/O RAMVEER SINGH, HASANPUR JARAILIA, ALIGARH, UTTAR
PRADESH, PIN - 202137
3 SANGAM KUMAR,
AGED 23 YEARS
S/O MANOJ SAHNI, B-390, MANGAL BAZAR ROAD, NEAR
CHAWLA BOOK DEPOT, BLOCK B JAHANGIRPURI, NS MANDI,
NORTH WEST DELHI, PIN - 110033
BY ADV SRI.PRAFIN JOSEPH ZACHARIA
RESPONDENTS/STATE AND THE DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM,, PIN - 682031
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CRL.MC NO. 7268 OF 2025
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2 ASWIN M SASI,
S/O SASIDHARAN M, MALAYIL HOUSE, KALIKUDAM P.O.,
FEROKE, KOZHIKODE, PIN - 673631
OTHER PRESENT:
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7268 OF 2025
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ORDER
Dated this the 12th day of February, 2026
The petitioners are the accused in
C.C.No.1176/2024 on the file of the Court of the Judicial
First Class Magistrate-II(Mobile), Kozhikode (Trial Court),
which has originated from Crime No.1077/2023 registered
by the Feroke Police Station, Kozhikode, alleging the
commission of the offence punishable under Section 420 r/w
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 second respondent, who has
executed Annexure A4 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
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CRL.MC NO. 7268 OF 2025
Counsel for the second respondent.
4. The learned counsel for the petitioners submits that ,
with the intervention of relatives and well-wishers, the
petitioners and the second respondent have resolved their
disputes amicably. The second respondent has no subsisting
grievance as against the petitioners. However, the 2 nd
respondent's whereabouts are not traceable, his affidavit
could not be filed.
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 statement of the 2nd respondent has been recorded by
the Investigating Officer on 26.08.2025. He has made
available the statement of the 2nd respondent, which is
accepted on record. 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
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CRL.MC NO. 7268 OF 2025
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 continuation of the
proceedings would merely burden the judicial process
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CRL.MC NO. 7268 OF 2025
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, Annexure A3 final report and all further
proceedings in C.C. No. 1176/2024 of the Trial Court, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
rmm12/2/2026
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CRL.MC NO. 7268 OF 2025
APPENDIX OF CRL.MC NO. 7268 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR AND FIS IN CRIME NO.
1077/2023 OF FEROKE POLICE STATION,
KOZHIKODE
Annexure A2 TRUE COPY OF THE BANK MAHAZAR IN CRIME NO.
1077/2023 OF FEROKE POLICE STATION,
KOZHIKODE
Annexure A3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
1077/2023 OF FEROKE POLICE STATION,
KOZHIKODE
Annexure A4 ORIGINAL AFFIDAVIT SIGNED BY THE DEFACTO
COMPLAINANT DATED 23-10-2024
Annexure A5 TRUE COPY OF THE LETTER ISSUED BY THE SUB
INSPECTOR OF POLICE, FEROKE POLICE STATION
FOR UNFREEZING THE BANK ACCOUNT DATED 10-
10-2024 IN VIEW OF THE AMICABLE SETTLEMENT
