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Kerala High Court
Abdul Khadar vs State Of Kerala on 23 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1350 OF 2026 1
2026:KER:15960
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. 1350 OF 2026
CRIME NO.269/2021 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM
IN SC NO.231 OF 2022 OF ADDITIONAL DISTRICT COURT, TIRUR
PETITIONERS/ACCUSED 1 TO 5:
1 ABDUL KHADAR,
AGED 44 YEARS
S/O MUHAMMED, VELUTHEDATH VALAPPIL VEEDU,
CHIYYANOOR, ALANKODE, MALAPPURAM DISTRICT,
PIN - 679591
2 MUHAMMED HUSSAIN,
AGED 37 YEARS
S/O ALI, KOZHIKKARA VALAPPIL VEEDU, CHIYYANOOR,
ALANKODE, MALAPPURAM DISTRICT -, PIN - 679591
3 MUHAMMED HASSAN.
AGED 34 YEARS
S/O ALI, KOZHIKKARA VALAPPIL VEEDU, CHIYYANOOR,
ALANKODE, MALAPPURAM DISTRICT -, PIN - 679591
4 MUHAMMED RAFEEK.,
AGED 43 YEARS
S/O MOIDEENKUTTY, THIRUNNAVAYA KALATHIL VEEDU,
CHIYYANOOR, ALANKODE, MALAPPURAM DISTRICT -,
PIN - 679591
5 NIYAS T.V,
AGED 36 YEARS
S/O ABDUTTY, THEKKU VEETTIL VEEDU, UDINIPPARAMB,
ALANKODE, MALAPPURAM DISTRICT, PIN - 679585
BY ADV SHRI.SHAIQ RASAL M.
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RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 NIZAM K,
AGED 24 YEARS
S/O NASEER, THOTTUNGAL HOUSE, CHIYYANOOR,
VTC, ALAMCODE P.O, DISTRICT,, PIN - 679591
BY ADV SHRI.MOHAMMED JAUFAR K.S.
SRI.C.S.HRITHWIK, SR.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 5 in
S.C.No.231/2022 on the file of the Additional Sessions
Court, Tirur, which has arisen from Crime No.269/2021
registered by the Changaramkulam Police Station,
Malappuram, alleging the commission of the offences
punishable under Sections 143, 147, 148, 341, 323, 324,
201 and 308 read with Section 149 of the Indian Penal
Code, Sections 4(2)(e) and 4(2)(j) of the Kerala Epidemic
Diseases Ordinance, 2020 and Section 3(e) of the Kerala
Epidemic Disease Corona Virus Disease (Covid-19)
Additional Regulations, 2020.
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
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been amicably settled between the petitioners and the 2nd
respondent, who has executed Annexure A3 affidavit,
affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Senior 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 Senior 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.
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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
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
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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 A1 First Information Report, Annexure A2 Final
Report in Crime No.269/2021 of the Changaramkulam
Police Station, Malappuram, and all further proceedings in
S.C.No.231/2022 on the file of the Additional Sessions
Court, Tirur, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
2026:KER:15960
APPENDIX OF CRL.MC NO. 1350 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED 21.06.2021
ALONG WITH FIS IN CRIME NO.269/2021 OF
CHANGARAMKULAM POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
05.11.2021 IN SC 231/2022 OF THE HON'BLE
ADDITIONAL SESSIONS COURT, TIRUR ARISED
OUT OF CRIME NO.269/2021OF CHANGARAMKULAM
POLICE STATION INCLUDING 161 STATEMENTS,
WOUND CERTIFICATE, SCENE MAHAZAR AND
WITNESS MEMORANDUM
ANNEXURE A3 THE AFFIDAVIT OF THE 2ND RESPONDENT DATED
20.01.2026
