[Cites 4, Cited by 0]
Kerala High Court
Muhammed Shafi vs State Of Kerala on 19 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1220 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. 1220 OF 2026
CRIME NO.828/2023 OF Kuttiyadi Police Station, Kozhikode
AGAINST THE ORDER IN CC NO.157 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,NADAPURAM
PETITIONER(S)/ACCUSED NO.1 AND 2:
1 MUHAMMED SHAFI,
AGED 31 YEARS
S/O ABDUL SALAM,KUNJIPARAMBIL HOUSE, PALERI PO,
CHERIYAKUMBALAM,KOZHIKODE, PIN - 673508
2 MUHAMMED BASIL,
AGED 23 YEARS
S/O BASHEER,EACHAROTH HOUSE,
KALLACHI PO,KOZHIKODE, PIN - 673506
BY ADV SRI.M.R.SASITH
RESPONDENT(S)/RESPONDENT/STATE/DE-FACTO COMPLAINANT/INJURED:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031
2 MUHAMMAD MUSTHAFA,
AGED 44 YEARS
S/O MOIDU MASTER,PALAKUNIYIL HOUSE,
KAYAKKODI PO,KOZHIKODE, PIN - 673508
3 AMMAD MASTER,
AGED 65 YEARS
S/O SOOPPY,SAMATHA HOUSE,THALIYIL PO,
KOZHIKODE, PIN - 673508
CRL.MC NO. 1220 OF 2026
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4 STATION HOUSE OFFICER,
KUTTIYADI POLICE STATION,KOZHIKODE RURAL,
PIN - 673508
BY ADV SMT.HASNA JABIL
SR.PP.SRI.C.S.HRITHWIK
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. 1220 OF 2026
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No. 1220 of 2026
--------------------------------------------
Dated this the 19th day of February, 2026
ORDER
The petitioners are accused Nos. 1 and 2 in CC
No.157/2024 on the file of the Court of the Judicial
First Class Magistrate, Nadapuram, which has
originated from Crime No.828/2023 registered by the
Kuttiyadi Police Station, Kozhikode, alleging the
commission of the offences punishable under Sections
447, 341 and 506(ii) 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 complaint
has been amicably settled between the petitioners and
respondent Nos. 2 and 3, who have executed Annexure
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A3 and A4 affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned Counsel for respondent Nos. 2 and 3.
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
respondent Nos 2 and 3 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
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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
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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.157/2024 on the file of
the Court of the Judicial First Class Magistrate,
Nadapuram, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS
JUDGE
GBG
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APPENDIX OF CRL.MC NO. 1220 OF 2026
PETITIONER ANNEXURES
Annexure-A1 THE TRUE COPY OF THE FIR IN CRIME NO.
828/2023 OF KUTTIYADI POLICE STATION,
KOZHIKODE ALONG WITH FIS
Annexure-A2 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 828/2023 OF KUTTIYADI POLICE
STATION, KOZHIKODE
Annexure-A3 THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 23RD DECEMBER 2025
Annexure- A4 THE ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 23RD DECEMBER 2025
