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Kerala High Court
Anoop vs State Of Kerala on 23 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1354 OF 2026
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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. 1354 OF 2026
CRIME NO.4/2023 OF Atholy Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.703 OF 2023 OF
DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY
I, KOZHIKODE
PETITIONER/S:
ANOOP,
AGED 36 YEARS
S/O UNNI KANDIYIL VEED THUNERI PO, KOZHIKODE DISTRICT,
PIN - 682031
BY ADVS.
SMT.M.B.SHYNI
SHRI.V.R.ANILKUMAR
SHRI.RAJESH KUMAR R.
SHRI.ELDHOSE JOY
SMT.VISHNUJA BIJU
SHRI.AMARJITH VADUVANKUTY
SMT.NIHALA AHAMMED KABEER K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 BIJU K.M ,
AGED 47 YEARS
S/O THEYYON, RESIDING AT KARAYADANKANDY MEETHAL HOUSE,
ULLIYERI P.O KOYILANDI KOZHIKODE DISTRICT, PIN - 673620
CRL.MC NO. 1354 OF 2026
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3 AKHIL ,
AGED 34 YEARS
S/O NARAYANAN, RESIDING AT KOLORKANDY THAZHE
KUNI,ORAVIL P.O, KOYILANDI KOZHIKODE DISTRICT, PIN -
673614
BY ADVS.
SHRI.SARAFUDHEEN T.
SMT.VISALA DAS
SHRI.VISHNUDEV PERINGAZHI
OTHER PRESENT:
SR.PP. SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1354 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1354 OF 2026
-----------------------------------------------
Dated this the 23rd day of February, 2026
ORDER
The petitioner is the accused in SC No.703/2023 on
the file of the Principal Sessions Court, Kozhikode, which
has originated from Crime No.4/2023, registered by the
Atholy Police Station, Kozhikode, alleging the commission
of the offences punishable under Sections 341, 323 and
324 of the Indian Penal Code.
2. The petitioner has invoked the inherent jurisdiction
of this Court under Section 528 of the Bharatiya Nagarik
Surksha Sanhita, 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 respondents 2 and 3, who
have executed Annexures 3 and 4 affidavits, 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 respondents 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 respondents 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 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,
Annexures-1 FIR, 2 Final Report and all further
proceedings in SC No.703/2023 on the file of the Principal
Sessions Court, Kozhikode, as against the petitioner are
hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
CRL.MC NO. 1354 OF 2026
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APPENDIX OF CRL.MC NO. 1354 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME 4/2023 OF
ATHOLI POLICE STATION POLICE STATION DATED
02/01/2023IN KOZHIKODE DISTRICT
Annexure 2 THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 4/2023 OF ATHOLY POLICE STATION DATED
31/05/2023
Annexure 3 ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 15TH DAY OF JANUARY, 2026
Annexure 4 ORIGINAL OF THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 15TH DAY OF JANUARY, 2026
