[Cites 4, Cited by 0]
Kerala High Court
Jose vs State Of Kerala on 23 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1355 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. 1355 OF 2026
CRIME NO.577/2018 OF Kanjiramkulam Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1068 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA
PETITIONER/S:
1 JOSE,
AGED 45 YEARS
S/O PHILIP, THEKKEKARA PURAIDOM VEEDU, VALIYATHOPP,
KARAKULAM VILLAGE, PIN - 695564
2 SHAJI,
AGED 54 YEARS
S/O ANTHONYKURISH, PUTHUVAL PURAIDOM, NEAR MARYANAD
CHURCH, MARYANAD, KADINAMKULAM VILLAGE, PIN - 695301
3 LAWRENCE,
AGED 52 YEARS
S/O GORGE, VALIYATHOPP THEKKEKARA, MATHANAGAR COLONY,
KARAKULAM, KARAKULAM VILLAGE, PIN - 695564
4 YESUDAS,
AGED 47 YEARS
S/O GORGE, PANDAKASHALA PURAEDAM, KARAKULAM, KARAKULAM
VILLAGE, THIRUVANANTHAPURAM, PIN - 695564
BY ADVS.
SRI.G.RANJU MOHAN
SMT.M.SANTHI (K/868/2011)
SMT.NIKITHA ANN VARGHESE
CRL.MC NO. 1355 OF 2026
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RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SIJU,
AGED 35 YEARS
S/O SILUVAPPICHA, VALAVEESHIKANIPURAIDOM, KARAKULAM,
KANJIRAMKULA, THIRUVANANTHAPURAM, PIN - 695524
BY ADV SMT.THEERTHA NAIR A.P.
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
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. 1355 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1355 OF 2026
-----------------------------------------------
Dated this the 23rd day of February, 2026
ORDER
The petitioners are the accused 1 to 4 in SC
No.1068/2021 on the file of the Assistant Sessions Court,
Neyyattinkara, which has originated from Crime
No.577/2018 registered by the Kanjiramkulam Police
Station, Thiruvananthapuram, alleging the commission of
the offences punishable under Sections 294(b), 323 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 filing of the complaint has been
amicably settled between the petitioners and the 2nd
respondent, who has executed Annexure-A3 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 2nd 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 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
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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
element of societal concern is involved; the chances of
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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 FIR, Annexure A2 Final Report and all
further proceedings in SC No.1068/2021 on the file of the
Assistant Sessions Court, Neyyattinkara, as against the
petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1355 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN IN CRIME NO.
577/2018 OF KANJIRAMKULAM POLICE STATION,
THIRUVANANTHAPURAM DATED 20-05-2018
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
SUBMITTED BEFORE HON'BLE JUDICIAL FIRST-CLASS
MAGISTRATE COURT III NEYYATINKARA
Annexure A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/
DE-FACTO COMPLAINANT IN THE ABOVE CRIME DATED
07-02-2026
