[Cites 8, Cited by 0]
Kerala High Court
Mathew vs State Of Kerala on 19 February, 2026
Author: C.S. Dias
Bench: C.S.Dias
CRL.MC NO. 1206 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. 1206 OF 2026
CRIME NO.261/2024 OF Kelakom Police Station, Kannur
AGAINST THE ORDER IN CC NO.729 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,KUTHUPARAMBA
PETITIONER(S)/ACCUSED 1 TO 4:
1 MATHEW,
AGED 54 YEARS
S/O VARGHESE, KURUVANPLACKAL,MANATHANA,
KANICHAR,KANNUR, PIN - 670674
2 JOHNY K.M,
AGED 61 YEARS
S/O MATHEW, KURUVANPLACKAL, MANATHANA,
KANICHAR,KANNUR, PIN - 670674
3 THOMAS KUTTY,
AGED 30 YEARS
S/O JOHNY,KURUVANPLACKAL, MANATHANA, KANICHAR,
KANNUR, PIN - 670674
4 MATHEWKUTTY,
AGED 32 YEARS
S/O JOHNY,KURUVANPLACKAL, MANATHANA, KANICHAR,
KANNUR, PIN - 670674
BY ADVS.
SRI.PHIJO PRADEESH PHILIP
SHRI.P.V.ANOOP
SHRI.JUNAID.V.S
SMT.ANNS MARY JOSEPH
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RESPONDENT(S)/STATE/DE FACT COMPLAINANT & WITNESSES:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 VINEESH SEBASTIAN,
AGED 36 YEARS
S/O DEVASSIA,KOOTTARAPALLIL, KOOMANTHODE
P.O,KARIKOTTAKARI, KANNUR, PIN - 670704
3 AJESH SEBASTIAN,
S/O DEVASSIA,KOOTTARAPALLIL, KOOMANTHODE
P.O,KARIKOTTAKARI, KANNUR, PIN - 670704
4 DEVASIA K.D @ KUTTIACHAN,
AGED 68 YEARS
S/O DEVASIA,KOOTTARAPALLIL, KOOMANTHODE
P.O,KARIKOTTAKARI, KANNUR, PIN - 670704
5 SINCE GEORGE,
AGED 35 YEARS
S/O GEORGE,KOTTARATHIL, ERUVESSI P.O.CHEMBERI,
KANNUR, PIN - 670632
BY ADVS.
SRI.MANU.M.THOMAS
SRI.P.C.ANIL KUMAR
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. 1206 OF 2026
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C.S. DIAS, J.
----------------------------------------------------
Crl.M.C. No.1206 of 2026
----------------------------------------------------
Dated this the 19th day of February, 2026
ORDER
The petitioners are accused Nos. 1 to 4 in CC
No.729/2024 on the file of the Court of the Judicial
First Class Magistrate Court, Kuthuparamba, which
has originated from Crime No.261/2024 registered
by the Kelakom Police Station, Kannur, alleging the
commission of the offences punishable under
Sections 341, 323 and 324 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 filing of the
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complaint has been amicably settled between the
petitioners and respondent Nos. 2 to 5, who have
executed Annexure C to F affidavits, affirming the
settlement.
3. I have heard the learned Counsel appearing
for the petitioners, the learned Public Prosecutor,
and the learned Counsel for respondents 2 to 5.
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 respondents 2 to 5 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
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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 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
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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
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 A FIR, B final report and all
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further proceedings in CC No.729/2024 on the file of
the Court of the Judicial First Class Magistrate
Court, Kuthuparamba, as against the petitioners,
are hereby quashed.
Sd/-
C.S.DIAS
JUDGE
GBG
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APPENDIX OF CRL.MC NO. 1206 OF 2026
PETITIONER ANNEXURES
Annexure C AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 02.01.2026
Annexure D AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 02.01.2026
Annexure E AFFIDAVIT SWORN BY THE 4TH RESPONDENT
DATED 02.01.2026
Annexure F AFFIDAVIT SWORN BY THE 5TH RESPONDENT
DATED 02.01.2026
