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Kerala High Court
Amal Jomy vs State Of Kerala on 20 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1331 OF 2026 1
2026:KER:15544
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
CRL.MC NO. 1331 OF 2026
CRIME NO.43/2026 OF PULINKUNNU POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED NOS.1 TO 4:
1 AMAL JOMY ,
AGED 30 YEARS
S/O JOMY KURIAKOSE, KARAKUNNEL HOUSE, PULIYANMALA
P.O PULIYANMALA, KATTAPPANA IDUKKI DISTRICT, PIN -
685515
2 ADON JOMY ,
AGED 24 YEARS
S/O JOMY KURIAKOSE, KARAKUNNEL HOUSE,PULIYANMALA P.O
PULIYANMALA, KATTAPPANA,IDUKKI DISTRICT, PIN -
685515
3 C J VARGHESE ,
AGED 56 YEARS
S/O C A JOSEPH, VASATHAM CHITTIKKAD, PUNNAPPARA
NORTH, PARAVOOR P.O ALAPPUZHA, PIN - 688014
4 JOMY KURIAKOSE,
AGED 58 YEARS
S/O KURIAKOSE, KARAKUNNEL HOUSE,PULIYANMALA P.O
PULIYANMALA, KATTAPPANA, IDUKKI, PIN - 685515
BY ADV SHRI.BRISONE T. MATHEW
RESPONDENTS/STATE OF KERALA AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA., ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
CRL.MC NO. 1331 OF 2026 2
2026:KER:15544
PULINKUNNU POLICE STATION, ALAPPUZHA, PIN - 680003
3 SUDHEER,
AGED 51 YEARS
S/O VASUDEVAN, PUTHENCHIRA, VENATTUKADU, ALAPPUZHA,
PULINKUNNU, ALAPPUZHA, KERALA, PIN - 688502
4 TITTO P ANTONY,
AGED 35 YEARS
S/O ANTONY A D, APPICHERRY, R BLOCK, VEMBANADU KAVAL
PO, ALAPPUZHA, ARYAD SOUTH (PART), PO: AVALUKKUNNU,
DIST: ALAPPUZHA,KERALA, PIN - 688006
5 CLEMENT ANTONY,
AGED 36 YEARS
ANTONY A D, APPICHERRY, R BLOCK, VEMBANADU
PO,ALAPPUZHA, ARYAD SOUTH (PART), AVALUKKUNNU,
ALAPPUZHA, KERALA, PIN - 688006
6 PONNAMMA G,
AGED 61 YEARS
W/O ANTONY APPICHERY, VEMBANADU PO, ALAPPUZHA, ARYAD
SOUTH (PART) ALAPPUZHA, KERALA, PIN - 688006
BY ADVS. SHRI.E.D.GEORGE
SHRI.AMITH LEO JAMES
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1331 OF 2026 3
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No. 1331 of 2026
--------------------------------------------
Dated this the 20th day of February, 2026
ORDER
The petitioners are the accused Nos. 1 to 4 in
Crime No.43/2026 registered by the Pulinkunnu Police
Station, Alappuzha, alleging the commission of the offences
punishable under Sections 115(2), 126(2) and 118(1) read
with Section 3(5) 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 to 6, who have executed Annexures A2 to A5
affidavits, affirming the settlement.
2026:KER:15544
3. I have heard the learned Counsel appearing for the
petitioners, the learned Senior 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 Senior 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
2026:KER:15544
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.
CRL.MC NO. 1331 OF 2026 6
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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.43/2026 of the Pulinkunnu Police
Station, Alappuzha, as against the petitioners, are hereby
quashed.
sd/-
C.S.DIAS, JUDGE
rkc
2026:KER:15544
APPENDIX OF CRL.MC NO. 1331 OF 2026
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R. AND F.I.S IN
CRIME NO 43/2026 OF PULINKUNNU POLICE
STATION, ALAPPUZHA DISTRICT DATED
19/01/2026
Annexure A2 ORIGINAL NOTARISED AFFIDAVIT SWORN BY THE
3RD RESPONDENT/DE-FACTO COMPLAINANT DATED
02/02/2026
Annexure A3 ORIGINAL NOTARISED AFFIDAVIT SWORN BY THE
4TH RESPONDENT/DE-FACTO COMPLAINANT DATED
02/02/2026
Annexure A4 ORIGINAL NOTARISED AFFIDAVIT SWORN BY THE
5TH RESPONDENT/DE-FACTO COMPLAINANT DATED
02/02/2026
Annexure A5 ORIGINAL NOTARISED AFFIDAVIT SWORN BY THE
6TH RESPONDENT/DE-FACTO COMPLAINANT DATED
02/02/2026
