[Cites 10, Cited by 0]
Kerala High Court
Sudheer vs State Of Kerala on 19 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1156 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
CRL.MC NO. 1156 OF 2026
CRIME NO.2798/2020 OF Thiruvalla Police Station,
Pathanamthitta
AGAINST THE ORDER IN CC NO.1330 OF 2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,THIRUVALLA
PETITIONER(S)/ACCUSED NO.1 TO 7:
1 SUDHEER,
AGED 36 YEARS
S/O SAINULABUDHEEN, KAVINPURATHU HOUSE,
KADUVAKKUZHI, KONCHIRA P.O.,VATTAVILAMURI,
VEMBAYAM, THIRUVANANTHAPURAM DISTRICT,
PIN - 695615
2 SULFICKER,
AGED 46 YEARS
S/O ASHRAF,THANNIVICHATHATTATHARIKATHIL
HOUSE,KADUVAKUZHI, KONCHIRA P.O.,
VEMBAYAM,THIRUVANANTHAPURAM DISTRICT,
PIN - 695615
3 SANDEEP KUMAR,
AGED 46 YEARS
S/O MANOHARAN NAIR, VISHAKHAM HOUSE,
KADUVAKUZHI, KONCHIRA P.O., VEMBAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695615
4 ABHILASH,
AGED 37 YEARS
S/O VIJAYAN NAIR,VIJAYA
BHAVAN,KADUVAKUZHI,KONCHIRA P.O.,
VEMBAYAM,THIRUVANANTHAPURAM DISTRICT,
PIN - 695615
CRL.MC NO. 1156 OF 2026
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5 AJAYAN,
AGED 39 YEARS
S/O ASHOKAN,
KAVINAMPURAM THADATHARIKATHIL HOUSE,
KADUVAKUZHI, VEMBAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695615
6 SUNEESH,
AGED 36 YEARS
S/O SUDARSANAN,NEDUVELI LAKSHAM VEEDU, VEMBAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695615
7 ABHIJITH,
AGED 34 YEARS
S/O CHELLAPPAN ,ROADARIKATHU VEEDU, NEDUVELI,
VEMBAYAM, THIRUVANANTHAPURAM DISTRICT,
PIN - 695615
BY ADV SRI.M.R.SASITH
RESPONDENT(S)/RESPONDENTS/STATE/DE FACTO COMLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 JAYACHANDRAN NADAR P,
AGED 62 YEARS
S/O PONNAYYAN NADAR,
ANAVODE ROADARIKATHU KIZHAKKINKARAVEEDU,
DALUMMUGHAM P.O, KEEZHAROOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695125
3 STATION HOUSE OFFICER,
THIRUVALLA POLICE STATION, PATHANAMTHITTA,
PIN - 689101
BY ADV SMT.HASNA JABIL
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.02.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 1156 OF 2026
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No. 1156 OF 2026
--------------------------------------------
Dated this the 19th day of February, 2026
ORDER
The petitioners are accused Nos. 1 to 7 in CC
No.1330/2021 on the file of the Court of the Judicial
First Class Magistrate, Thiruvalla, which has
originated from Crime No.2798/2020 registered by
the Thiruvalla Police Station, Pathanamthitta, alleging
the commission of the offences punishable under
Sections 143, 147, 294(b), 323, 324, 451 and 149 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 filing of the
complaint has been amicably settled between the
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petitioners and the 2nd respondent, who have executed
Annexure A3 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned Counsel for the 2nd respondent.
4. The learned counsel on either side submit that,
with the intervention of relatives and well-wishers,
the parties have resolved their disputes amicably. The
2nd respondent has no subsisting grievance and does
not wish to pursue the prosecution, and has 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
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ground of 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
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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
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, Annexures A1 FIR, A2 final report and all
further proceedings in CC No.1330/2021 on the file of
the Court of the Judicial First Class Magistrate,
Thiruvalla, Thiruvananthapuram, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS
JUDGE
GBG
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APPENDIX OF CRL.MC NO. 1156 OF 2026
PETITIONER ANNEXURES
Annexure-A1 THE TRUE TRUE COPY OF THE FIR IN CRIME
NO.2798/2020 OF THIRUVALLA POLICE
STATION, PATHANAMTHITTA
Annexure-A2 THE TRUE COPY OF THE FINAL REPORT IN CC
NO. 1330/2021 BEFORE THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT
THIRUVALLA IN CRIME NO.2798/2020 OF
THIRUVALLA POLICE STATION,
PATHANAMTHITTA
Annexure- A3 THE ORIGINAL AFFIDAVIT EXECUTED BY THE
2ND RESPONDENT
