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Kerala High Court
Rajeesh vs State Of Kerala on 18 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 595 OF 2026 1
2026:KER:14422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
CRL.MC NO. 595 OF 2026
CRIME NO.1143/2020 OF ANGAMALI POLICE STATION, ERNAKULAM
IN CC NO.1023 OF 2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
ANGAMALY
PETITIONERS/ACCUSED 1 TO 4:
1 RAJEESH,
AGED 46 YEARS
S/O. SASI, KARIMBANAKKAL HOUSE, KOKUNNU DESOM,
MOOKKANOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683577
2 ANOOP,
AGED 36 YEARS
S/O. PAPPAN, PARAYIL HOUSE, KOKUNNU DESOM, MOOKKANOOR
VILLAGE, ERNAKULAM DISTRICT, PIN - 683577
3 JIMSON GEORGE,
AGED 41 YEARS
S/O. GEORGE, CHIRACKAL HOUSE, KOKUNNU DESOM,
MOOKKANOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683577
4 RAJEESH,
AGED 39 YEARS
S/O. GANGADHARAN, AMBATTU HOUSE, KOKUNNU DESOM,
MOOKKANOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683577
BY ADV SHRI.L.K.RAJAGOPAL
RESPONDENTS/STATE,COMPLAINANT AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
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2 THE STATION HOUSE OFFICER,
ANGAMALY POLICE STATION,
ERNAKULAM DISTRICT, PIN - 683572
3 TOMY
AGED 60 YEARS
S/O.MATHEW, NJARAKULAM HOUSE,
LITTLE FLOWER ASRAMAM, MOOKKANNUR KARA,
MOOKKANNUR, ERNAKULAM DISTRICT, PIN - 683577
4 KANNANKUTTY
AGED 59 YEARS
S/O AYYAPPAN, THALLATTU HOUSE, KUTTICHIRA DESOM,
KUTTICHIRA VILLAGE, THRISSUR DISTRICT, PIN - 680724
5 DAVIS,
AGED 54 YEARS
S/O OUSEPH, MOOJELI HOUSE, THURAVOOR, THURAVOOR
VILLAGE, ERNAKULAM DISTRICT, PIN - 683572
6 DR. JOYSON PEKKATTIL ( IMPLEADED AS PER ORDER DATED
4.2.26 IN CRL M.A.2/26 IN CRL MC. 595/2026 )
S/O. DEVASSY, PEKKATTIL HOUSE,CHALAKUDY WORKING AS
CMO OF MAGJ HOSPITAL, MOOKKANNOOR,MOOKKANNUR VILLAGE,
ERNAKULAM DIST. ( IMPLEADED AS PER ORDER DATED 4.2.26
IN CRL M.A.2/26 IN CRL MC. 595/2026 )
BY ADV SHRI.NIFFIN P. KAREEM
SRI.M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 18th day of February, 2026
The petitioners are the accused 1 to 4 in
C.C.No.1023/2020 on the file of the Court of the Judicial
First Class Magistrate, Angamaly, which has arisen from
Crime No.1143/2020 registered by the Angamaly Police
Station, Ernakulam, alleging the commission of the offences
punishable under Sections 323, 294(b) and 506 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 3 to 6,
who have executed Annexures A4 to A7 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 3 to 6.
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 3 to
6 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 A2 First Information Report, Annexure A3 Final
Report in Crime No.1143/2020 of the Angamaly Police
Station, Ernakulam, and all further proceedings in
C.C.No.1023/2020 on the file of the Court of the Judicial
First Class Magistrate, Angamaly, as against the petitioners,
are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 595 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION
STATEMENT
ANNEXURE A2 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 1143/2020 OF ANGAMALY
POLICE STATION
ANNEXURE A3 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME
NO. 1143/2020 OF ANGAMLY POLICE STATION
ANNEXURE A4 AFFIDAVIT OF THE 3RD RESPONDENT
ANNEXURE A5 AFFIDAVIT OF THE 4TH RESPONDENT
ANNEXURE A6 AFFIDAVIT OF THE 5TH RESPONDENTS
ANNEXURE A7 AFFIDAVIT OF 6TH RESPONDENT
