[Cites 4, Cited by 0]
Kerala High Court
Anandu R vs State Of Kerala on 23 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1380 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. 1380 OF 2026
CRIME NO.704/2024 OF Kottarakkara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.825 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA
PETITIONER/S:
1 ANANDU R,
AGED 30 YEARS
S/O RAJ MOHAN, ANANDHU BHAVAN, KARICHAL, PALLICKAL
P.O., MYLOM, KOLLAM, PIN - 691566
2 ARUN A,
AGED 27 YEARS
S/O ANIL KUMAR, AKHIL BHAVANAM, PAKUTHIPARA, MARANADU
P.O., PAVITHRESWARAM, KOLLAM, PIN - 691505
3 VISHNU S,
AGED 26 YEARS
S/O T G SURESH, SINDHU BHAVAN, PULAMON P.O.,
KOTTARAKKARA, KOLLAM, PIN - 691531
BY ADV SHRI.MOHANAN M.K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, PIN -
691506
3 GOPAKUMAR S,
AGED 48 YEARS
CRL.MC NO. 1380 OF 2026
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S/O SAHADEVAN K, SAHADEVA VILASOM, PALLICKAL P.O.,
MYLOM VILLAGE, KOTTARAKKARA, KOLLAM, PIN - 691566
BY ADV SRI.K.V.ANIL KUMAR
OTHER PRESENT:
SR.PP.SRI.C.S.HRITHWIK
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. 1380 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1380 OF 2026
-----------------------------------------------
Dated this the 23rd day of February, 2026
ORDER
The petitioners are the accused 1 to 3 in CC
No.825/2024 on the file of the Court of the Judicial
Magistrate of First Class-I, Kottarakkara, which has
originated from Crime No.704/2024 registered by the
Kottarakkara Police Station, Kollam, alleging the
commission of the offences punishable under Sections 341,
323 and 324 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 filing of the complaint has been
amicably settled between the petitioners and the 3rd
respondent, who has executed Annexure-C affidavit,
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affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 3rd 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 3rd 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
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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 [(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
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continuation of the proceedings would merely burden the
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 A FIR, Annexure B Final Report and all further
proceedings in CC No.825/2024 on the file of the Court of
the Judicial Magistrate of First Class-I, Kottarakkara as
against the petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1380 OF 2026
PETITIONER ANNEXURES
Annexure-A CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO. 704/2024 OF KOTTARAKKARA POLICE STATION
DATED 01.04.2024
Annexure-B CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 704/2024 OF KOTTARAKKARA POLICE STATION
DATED 29.05.2024
Annexure-C AFFIDAVIT OF THE 3RD RESPONDENT DATED
09.02.2026
