[Cites 8, Cited by 0]
Kerala High Court
Regimon @ Mahi Regi vs State Of Kerala on 20 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 9238 OF 2025
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2026:KER:15602
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. 9238 OF 2025
CRIME NO.1154/2023 OF Manimala Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.203 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, KOTTAYAM / II
ADDITIONAL MACT/ADDL.RENT CONTROL APPELLATE AUTHORITY-IV, KOTTAYAM
PETITIONER/S:
REGIMON @ MAHI REGI,
AGED 53 YEARS
S/O SHIVADASAN NAIR,PIRIYANICKAL HOUSE, KULATHNKAL
AMBALAM BHAGAM, MANIMALA P.O,VELLAVOOR VILLAGE,
CHANGANCHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686543
BY ADVS.
SMT.PREEJA V.P.
SHRI.JOLLY JAMES
SRI.V.P.PRASANTH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 RADHAMANI,
AGED 57 YEARS
W/O SURENDRAN NAIR,KUMBALATHUVADAKKETHIL HOUSE,
ARAYANJILIMANNUBHAGAM,EDAKADATHI P.O, KOLLAMULA
VILLAGE, RANNI TALUK PATHANAMTHITTA DISTRICT, PIN -
686510
CRL.MC NO. 9238 OF 2025
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BY ADV SRI.GEORGE BRISTON E.B.
OTHER PRESENT:
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. 9238 OF 2025
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 9238 OF 2025
-----------------------------------------------
Dated this the 20th day of February, 2026
ORDER
The petitioner is the accused in S.C.No.203/2024
on the file of the Additional Sessions Court-IV, Kottayam,
which has originated from Crime No.1154/2023 registered
by the Manimala Police Station, Kottayam alleging the
commission of the offences punishable under Sections
294(b), 451 and 307 of the Indian Penal Code.
2. The petitioner has 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 petitioner and the 2nd respondent, who has
executed Annexure C affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
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petitioners, the learned Public Prosecutor, and the learned
Counsel for the 2nd respondent.
4. The learned counsel for the petitioner submits that,
with the intervention of relatives and well-wishers, the
parties have resolved their disputes amicably, and 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 petitioner is a history sheeter. He is
involved in five crimes including for committing an offence
under the NDPS Act. Going by the law laid down in State
of Madhya Pradesh v. Laxmi Narayan and Others
[(2019) 5 SCC 688], this Court may not exercise its
inherent powers and quash the proceedings since the
petitioner has antecedents.
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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 [supra],
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. In Laxmi Narayan's case (supra) the Hon'ble
Supreme Court has categorically held that if an accused
has criminal antecedents, this Court shall not exercise its
inherent powers to quash the proceedings on the basis of
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the settlement arrived at between the parties.
In light of the above exposition of law, I am not
inclined to exercise the inherent powers of this Court
under Section 528 of the BNSS. Resultantly, this Crl.M.C.
is dismissed, but without prejudice to the right of the
petitioner to raise all his contentions before the Trial
Court.
sd/-
C.S.DIAS, JUDGE
rkc
CRL.MC NO. 9238 OF 2025
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APPENDIX OF CRL.MC NO. 9238 OF 2025
PETITIONER ANNEXURES
Annexure A A CERTIFIEDCOPY OF THE FINAL REPORT DATED
26.12.203 SUBMITTED BY THE MANIMALA POLICE
WHICH IS NUMBERED AS S.C NO. 203 OF 2024 ON
THE FILE OF ADDITIONAL SESSIONS COURT-IV,
KOTTAYAM
Annexure B TRUE COPY OF THE FIR ALONG WITH FL STATEMENT
IN CRIME NO.1154/2023 DATED 02/11/2023 OF
MANIMALA POLICE STATION
Annexure C A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE
2ND RESPONDENT DATED 20.09.2025
