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Kerala High Court

Renuka vs State Of Kerala on 23 February, 2026

Author: C.S.Dias

Bench: C.S.Dias

2026: KER: 16192

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 2382 pay OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
CRL.MC NO. 10602 OF 2024
CRIME NO.1043/2021 OF Valappad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.125 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR

PETITIONER/ACCUSED:

RENUKA,

AGED 56 YEARS

D/O. SIDHARTHAN, ALAKKAL HOUSE,
NATTIKA VILLAGE VALAPPAD,
THRISSUR DISTRICT, PIN - 680567

BY ADVS.

SHRI.SAST M.R.

SMT.N.P.SILPA

SMT.DHARMYA M.S

SMT.KAVYA KRISHNAN
SHRI.S.SAJIT SANAL

SMT. ARYA VALSAN .
SHRI .THARANATH R.
SHRI.V.VIGNESH

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031

2 STATION HOUSE OFFICER,
VALAPPAD POLICE STATION,
THRISSUR RURAL, PIN - 680567

3 SHAMEER,
AGED 35 YEARS
S/0 SATHAR, PANDOLI HOUSE,
NATTIKA VILLAGE, NATTIKA P.O,
CHAVAKKAD TALUK, PIN - 680566

BY ADV SHRI.K.I.SAGEER
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. 10602 of 2024 2

2026: KER:16192
Dated this the 23™ day of February, 2026
ORDER

The Criminal Miscellaneous Case is filed to quash all further proceedings in C.C. No. 125/2022 on the file of the Court of the Judicial First Class Magistrate, Kodungallur ('Trial Court' for brevity), which has originated of the Crime No. 1043/2021 of the Valappad Police Station, Thrissur District, alleging the commission of the offences punishable under Sections 406 and 420 of the Indian Penal Code.

2. When the Crl.M.C came up for consideration on 08.01.2026, this Court directed the parties to appear for mediation.

3. It is submitted by the learned counsel appearing for both sides that the subject matter in dispute between the parties has been amicably settled as per the memorandum of settlement agreement dated 21.01.2026 executed by the petitioner and the third respondent. The

&. ;

third respondent, in enppthotic terms bes stated that he

CRL.MC NO. 10602 of 2024 3

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has no objection in the proceedings being quashed subject to the conditions mentioned in the memorandum of settlement agreement.

4. I have perused the memorandum of settlement agreement dated 21.01.2026 signed by the parties and countersigned by the respective counsel.

o. 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 the 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

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prosecution would serve no fruitful purpose.

6. On an overall consideration of the facts and circumstances of the present case and the materials on record, particularly after going through the memorandum of settlement agreement, 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 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 Al Final Report, Annexure Ai(a) FIR and all further proceedings in C.C. No. 125/2022 of the Trial Court, as against the petitioner, are hereby quashed as

IV /

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per the conditions in the memorandum of settlement

agreement dated 21.01.2026, which shall form a part of

the order. The parties would be at liberty to execute the

order as per the conditions in the memorandum of settlement agreement before the competent court. Sd/-

C.S.DIAS, JUDGE

mtk/

CRL.MC NO. 10602 of 2024 6

PETITIONER ANNEXURES

Annexure

Avinexure Ai(a)

Annexure

Annexure Annexure

Annexure

A4 AS

Al2

A13

A14

2026: KER: 16192

APPENDIX OF CRL.MC NO. 10602 OF 2024

CERTIFIED COPY OF THE FINAL REPORT DATED 31.12.2021 IN C.C. NO. 125/2022 ON THE FILE OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, KODUNGALLUR

A TRUE COPY OF THE FIRST INFORMATION REPORT NO. 1043/2021 OF VALAPPAD POLICE STATION DATED 21.10.2021

A TRUE COPY OF THE RENTAL AGREEMENT DATED 16/06/2020 ENTERED BETWEEN THE ACCUSED AND COMPLAINANT

A TRUE COPY OF THE RENTAL AGREEMENT DATED 16/06/2020 ENTERED BETWEEN THE PETITIONER AND FATHIMA. P.A., THE WIFE OF THE COMPLAINANT

TRUE COPIES OF THE PHOTOGRAPHS OF THE SHED ~

A TRUE COPY OF THE OWNERSHIP CERTIFICATE BEARING FILE NUMBER 5075801/1432/2021 DATED 24/08/2021 ISSUED FROM NATTIKA PANCHAYAT IN RESPECT OF ROOM NO 313/A

A TRUE COPY OF THE OWNERSHIP CERTIFICATE BEARING FILE NUMBER 5075801/1433/2021 DATED 24/08/2021 ISSUED FROM NATTIKA PANCHAYAT IN RESPECT OF ROOM NO 31378

A TRUE COPY OF THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR, LAND ACQUISITION (NH) 66, DATED 02/08/2021

A TRUE COPY OF NOTICE ' NO. LAC NO E4/NAT/005432/2021 OF THE SPL. DEPUTY COLLECTOR LA} NH, KUTTIPPURAM- EDAPPALLY,; KODUNGALLUR DATED NIL

A TRUE COPY OF THE AWARD NO E£4.NAT/005432/2021 DATED NIL IN RESPECT OF SHAMEER. P.S.

A TRUE COPY OF THE AWARD NO E4.NAT/0054432/2021 DATED NIL

A TRUE COPY OF THE JUDGMENT IN CS 48/2022 ON THE FILE OF COMMERCIAL COURT, CHAVAKKAD DATED Q6.01.2024

A TRUE COPY OF THE APPEAL MEMORANDUM DATED 87.02.2024 PREFERRED BY THE PETITIONER IN G.A.NO.2 OF 2024 BEFORE THE HON'BLE COMMERCIAL APPELLATE COURT, THRISSUR

A TRUE COPY OF I.A.NO.1 OF 2024 DATED 07.02.2024 IN C.A.NO.1 OF 2024 BEFORE THE HON'BLE COMMERCIAL APPELLATE COURT, THRISSUR

A TRUE COPY OF THE ORDER DATED 11.06.2024 IN I.A.NO.2 OF 2024 IN C.A.NO.1 OF 2024 BEFORE THE HON'BLE COMMERCIAL APPELLATE COURT, THRISSUR

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Renuka : Petitioner Vs.

The State of Kerala & Others : Respondents

MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL

PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:

The petitioners and the respondents decided to settle the issue on

the following terms.

1. The dispute between the parties is settled by mediation.

2. Altogether four matters are pending before various Courts, in respect of the same cause of action. Those cases are mentioned

below:

1. Cril.M.C.No.10602/2024 - Hon'ble High Court.

2.C.C.N0.125/2022 - Judicial First Class Magistrate Court, Kodungalloor.

3.Com.A.No.1/2024 - Commercial Appellate Court, / Principal District Court, Thrissur.

4.E.P.No0.6/2025 - Commercial Court/Sub Court, Chavakkad Petitioner 3rd Respondent

Renuka Le. shameer_--<sgshhP

3.For the full and final settlement of all the above cases, the petitioner in Crl.MC.No.10602/2024 (Appellant in Com.Appeal No.1/2024 on the file of Com.Appelate Court/District Court, Thrissur) is agreed to pay a sum of Rs.9,80,000/- (Rupees Nine lakhs eighty thousand only) to the respondent.

4. The petitioner, Smt.Renuka, has executed Check No.332784 dated 21-02-2026 for Rs.9,80,000/-Rupees Nine lakhs eighty thousand only) drawn on Paunjab National Bank Thalikulam Branch, Thrissur in favour of respondent Mr.Shameer towards the consideration for full and final settlement of all the cases mentioned above.

5.The petitioner in Cri.MC.No.10602/2024 (Appellant in Com.Appeal No.1/2024 on the file of Com.Appelate Court/District Court, Thrissur) is entitled for refund of entire court fee remitted in, Comm.Appeal No.1/2024 on the file of Com.Appelate Court/District Court, Thrissur), for which she has to file court fee refund application before the said court.

6.The respondent has no objection to quash CC.No.125/2022 on the file of Judicial First Class Magistrate Court, Kodungalloor by allowing Criminal M.C. No.10602/2024 on the file of Hon'ble High Court.

7.AS the entire dispute between the parties is settled by this mediation agreement E.P.No.6/2025 on the file of the Commercial Court/Sub Court, Chavakkad is to be closed by recording full Satisfaction of the decree.

8. The Commercial Court/Sub Court has release the attachment effected on the residential property of the petitioner Smt.Renuka and to communicate the lifting of attachment to the Sub Registry and Village Office concerned.

Petitioner 3rd Respondent

Renuka Qsv Shameer <ashp _ oN

First and second respondents being formal parties, hence not signatories to this settlement agreement.

Dated this the 21st day of January, 2026.

Petitioner 3rd Respondent

Renuka SP _. Shameer. :