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Kerala High Court
Nibil Das vs State Of Kerala on 23 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1325 OF 2026 1
2026:KER:15961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
CRL.MC NO. 1325 OF 2026
CRIME NO.420/2024 OF KOLATHUR POLICE STATION, MALAPPURAM
IN SC NO.1362 OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT - III, MANJERI / III ADDITIONAL MACT/RENT CONTROL
APPELLATE AUTHORITY, MANJERI
PETITIONERS/ACCUSED 1 TO 3:
1 NIBIL DAS,
AGED 26 YEARS
S/O. BHASKARAN PUTHROTTIL, PUTHROTTIL HOUSE,
PANG THORA, PANG SOUTH POST, KURUVA, MALAPPURAM,
PIN - 679338
2 JISHNU K ,
AGED 24 YEARS
S/O. CHANDRAN, KODIYAMPULAKKAL HOUSE, PUTHROD,
PANG POST, KURUVA, MALAPPURAM,, PIN - 679338
3 JYOTISH MANU,
AGED 25 YEARS
S/O. CHANDRAN, THEVARKATTIL HOUSE, THONIKKALLU,
PANG POST, KURUVA, MALAPPURAM,, PIN - 679338
BY ADV SHRI.SHAIQ RASAL M.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE STATION HOUSE OFFICER, KOLATHUR
POLICE STATION, KOLATHUR, ALAPPURAM (THROUGH THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
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2 SUDHEESH ,
AGED 28 YEARS
S/O. UNNIKRISHNAN, VELUTHEDETHTHODI HOUSE,
CHANGARATHAKULAMBU, PANG POST, KURUVA, MALAPPURAM,
PIN - 679338
BY ADV SHRI.MOHAMMED JAUFAR K.S.
SRI.M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 23rd day of February, 2026
The petitioners are the accused 1 to 3 in
S.C.No.1362/2024 on the file of the Additional Sessions
Court-III, Manjeri, which has arisen from Crime
No.420/2024 registered by the Kolathur Police Station,
Malappuram, alleging the commission of the offences
punishable under Sections 341, 323, 324 and 308 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 registration of the crime has been amicably
settled between the petitioners and the 2nd respondent, who
has executed Annexure A3 affidavit, affirming the
settlement.
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3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 2nd respondent.
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 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 judicial process
without advancing the cause of justice. Furthermore, the
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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, Annexure A2 Final
Report in Crime No.420/2024 of the Kolathur Police Station,
Malappuram, and all further proceedings in
S.C.No.1362/2024 on the file of the Additional Sessions
Court-III, Manjeri, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 1325 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR DATED
14.04.2024 IN CRIME NO.420/2024 OF KOLATHUR
POLICE STATION
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 20.06.2024 IN SC 1362/2024 PENDING
BEFORE THE ADDITIONAL SESSIONS COURT- III,
MANJERI ARISED OUT OF CRIME NO.420/2024 OF
KOLATHUR POLICE STATION
ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND
RESPONDENT DATED 22.12.2025
