[Cites 4, Cited by 0]
Kerala High Court
Ashik vs State Of Kerala on 20 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1334 OF 2026
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2026:KER:15459
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. 1334 OF 2026
CRIME NO.355/2023 OF Cherpulassery Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.774 OF 2025 OF
ADDITIONAL DISTRICT COURT, OTTAPALAM
PETITIONER/S:
ASHIK
AGED 28 YEARS
S/O MOIDEENKUTTY, KULUKKAMPARA HOUSE, KECHERIKKUNNU,
CHERPPULASSERRY, PALAKKAD DISTRICT, PIN - 679503
BY ADVS.
SRI.C.DHEERAJ RAJAN
SHRI.ANAND KALYANAKRISHNAN
SHRI.LIBIN VARGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 ASHARAF
AGED 42 YEARS
S/O ALAVI, PENGATTIRY HOUSE, PENGATTIRY, NELLAYA POST,
PALAKKAD DISTRICT, PIN - 679335
BY ADV SHRI.ABRAHAM MATHAN
OTHER PRESENT:
CRL.MC NO. 1334 OF 2026
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SR.PP.SMT.SEETHA S
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. 1334 OF 2026
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C.S.DIAS, J.
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Crl.M.C. No. 1334 OF 2026
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Dated this the 20th day of February, 2026
ORDER
The petitioner is the 6th accused in SC No.774/2025
on the file of the Additional Sessions Court, Ottapalam,
which has originated from Crime No.355/2023 registered
by the Cherpulassery Police Station, Palakkad, alleging the
commission of the offences punishable under Sections 143,
147, 341, 323, 325, 308, 506(1) and 294(b) read with
Section 149 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 filing of the complaint has been amicably settled
between the petitioner and the 2nd respondent, who has
executed Annexure-3 affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioner, 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 ground of
settlement between the parties have been authoritatively
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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
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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,
Annexure-1 FIR, Annexure-2 Final Report and all further
proceedings in SC No.774/2025 on the file of the
Additional Sessions Court, Ottapalam, as against the
petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
CRL.MC NO. 1334 OF 2026
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APPENDIX OF CRL.MC NO. 1334 OF 2026
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR DATED 26.06.2023 IN
CRIME 355/2023 OF CHERPULASSERRY POLICE
STATION, PALAKKAD DISTRICT ALONG WITH THE
STATEMENT
Annexure 2 THE TRUE COPY OF THE FINAL REPORT DATED
13.09.2023 ARISING OUT OF CRIME 355/2023 OF
CHERPULASSERRY POLICE STATION, PALAKKAD
DISTRICT
Annexure 3 THE TRUE COPY OF THE AFFIDAVIT DATED
29.01.2026 EVIDENCING THE FACTUM OF
SETTLEMENT BETWEEN THE PETITIONER AND THE 2ND
RESPONDENT
Annexure 4 THE TRUE COPY OF THE JUDGMENT DATED
06.02.2026 IN CRL.M.C NO. 737/2026
