[Cites 3, Cited by 0]
Kerala High Court
Athul Raj.G vs State Of Kerala on 18 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 909 OF 2026 1
2026:KER:14421
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. 909 OF 2026
CRIME NO.47/2026 OF OCHIRA POLICE STATION, KOLLAM
PETITIONERS/ACCUSED NOS.1 TO 6:
1 ATHUL RAJ.G ,
AGED 22 YEARS
S/O GOSALARAJAN,ARAMAM,MEMANA,OACHIRA P.O,
KOLLAM, PIN - 690526
2 SOORAJ.S ALIAS KOCHU SOORAJ,
AGED 21 YEARS
S/O SURESH KUMAR.D,MAMPRA KIZHAKKATHIL,
MEMANA,OACHIRA P.O,KOLLAM, PIN - 690526
3 SURBATHA VS ADITHYAN.H,
AGED 21 YEARS
S/O RAJESH, AMBALIL THEKKETHIL,KOTTAMBALLIL,
MADATHILKARAZHMA, OCHIRA, KOLLAM, PIN - 690526
4 SOORAJ.U ALIAS SOORAJ,
AGED 21 YEARS
S/O UDAYABHABU,KIDANGIL NJAKKANAL
P.O,KRISHNAPURAM,ALAPPUZHA, PIN - 690533
5 ANANTHUKRISHNAN.R ALIAS METTU,
AGED 21 YEARS
S/O RADHAKRISHNAN,RADHAKRISHNAN
BHAVANAM,VALACHAL,VALLIKUNNAM
P.O,MAVELIKARA,ALAPPUZHA, PIN - 690501
6 AMPADI HARISH ALIAS AMBADI
AGED 22 YEARS
S/O HARISH.M,AMPALASSERIL HOUSE,MADATHILKARAZHMA
P.O,KOTTAMPALLY,OACHIRA,KOLLAM, PIN - 690526
BY ADV SHRI.JISON JOY
CRL.MC NO. 909 OF 2026 2
2026:KER:14421
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
2 STATION HOUSE OFFICER,
OACHIRA POLICE STATION,OACHIRA P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT- 690528.
3 AMAL,
AGED 20 YEARS
S/O SURESH,THIRIKKUNNPPUZHA THEKK, KAKKAKKUNNU P.O,
SOORANAD THEKK VILLAGE,KOLLAM, PIN - 691583
4 JERRY.S.PRAKASH,
AGED 25 YEARS
S/O JAYAPRAKASH,KANNANKARA,KIZHAKKATHIL,
KUTHIRAPANTHI P.O, KARUNAGAPPALLY,VTC:THAZHAVA P.O,
KUTHIRAPANTHI,KOLLAM, PIN - 690523
BY ADV SMT.NANMA.B.B
SRI.C.S.HRITHWIK, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 909 OF 2026 3
2026:KER:14421
ORDER
Dated this the 18th day of February, 2026
The petitioners are the accused 1 to 6 in Crime
No.47/2026 registered by the Ochira Police Station,
Kollam, alleging the commission of the offences punishable
under Sections 296(b), 115(2), 118(1), 189(2), 191(2), and
191(3) 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 registration of the crime has
been amicably settled between the petitioners and the
respondents 3 and 4, who have executed Annexures A2 and
A3 affidavits, affirming the settlement.
CRL.MC NO. 909 OF 2026 4
2026:KER:14421
3. I have heard the learned Counsel appearing for the
petitioners, the learned Senior 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
respondents 3 and 4 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
CRL.MC NO. 909 OF 2026 5
2026:KER:14421
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
CRL.MC NO. 909 OF 2026 6
2026:KER:14421
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 First Information Report and all further
proceedings in Crime No.47/2026 of the Ochira Police
Station, Kollam, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
CRL.MC NO. 909 OF 2026 7
2026:KER:14421
APPENDIX OF CRL.MC NO. 909 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME
NO.0047/2026 OF OOCHIRA POLICE STATION,
KOLLAM DISTRICT ALONG WITH FIS
ANNEXURE A2 THE ORIGINAL AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT REGARDING THE SETTLEMENT WITH
ACCUSED NOS. A1 TO A6
ANNEXURE A3 THE ORIGINAL AFFIDAVIT EXECUTED BY THE 4TH
RESPONDENT REGARDING THE SETTLEMENT WITH
ACCUSED NOS. A1 TO A6
