[Cites 4, Cited by 0]
Kerala High Court
Ajin vs Station House Officer on 24 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:16414
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
CRL.MC NO. 1339 OF 2026
CRIME NO.267/2019 OF Kadinamkulam Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.746 OF 2020
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
PETITIONERS/ACCUSED:
1 AJIN,
AGED 36 YEARS
S/O PATRICK FELIX PERERA,
ABHIRAMAM HOUSE, VETTUTHURA, CHANNAKKARA,
KADINAMKULAM, THIRUVANANTHAPURAM, PIN - 695301
2 JOSHI,
AGED 52 YEARS
S/O JUSTIN, MEDONA COTTAGE,
VETTUTHURA, CHANNAKKARA, KADINAMKULAM,
THIRUVANANTHAPURAM, PIN - 695301
3 EBIN,
AGED 37 YEARS
S/O EDWIN, JITHIN HOUSE, VETTUTHURA,
CHANNAKKARA, KADINAMKULAM,
THIRUVANANTHAPURAM, PIN - 695301
BY ADV SRI.V.A.VINOD
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATION HOUSE OFFICER,
KADINAMKULAM POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695303
CRL.MC NO. 1339 of 2026 2
2026:KER:16414
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
3 GILBERT GOMAS,
S/O ROBERT GOMAS, SRG BANGLOW,
NEAR ALDAN MEMORIAL LIBRARY,
VETTUTHURA, CHANNAKARA P.O, KADINAMKULAM,
THIRUVANANTHAPURAM, PIN - 695301
BY ADV SRI.SHAKTHI PRAKASH
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SRI C S HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 24.02.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 1339 of 2026 3
2026:KER:16414
Dated this the 24th day of February, 2026
ORDER
The petitioners are accused Nos. 1 to 3 in C.C.No.
746/2020 on the file of the Court of the Judicial First
Class Magistrate-I, Attingal ('Trial Court', for short),
which has originated from Crime No. 267/2019
registered by the Kadinamkulam Police Station,
Thiruvananthapuram District, alleging the commission of
the offences punishable under Sections 447, 341, 294(b),
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 registration of the crime has
been amicably settled between the petitioners and the
third respondent, who has executed Annexure A-3
affidavit, affirming the settlement.
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3. I have heard the learned counsel appearing for
the petitioners, the learned Public Prosecutor, and the
learned counsel for the third 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
party 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 settlement between the parties have been
authoritatively laid down by the Hon'ble Supreme Court
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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
judicial process without advancing the cause of justice.
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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-1 FIR, Annexure A-2 Final
Report in Crime No. 267/2019 of the Kadinamkulam
Police Station and all further proceedings in C.C. No.
746/2020 of the Trial Court, as against the petitioners,
are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
mtk/
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APPENDIX OF CRL.MC NO. 1339 OF 2026
PETITIONER ANNEXURES
Annexure A-1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.267/2019 OF
KADINAMKULAM POLICE STATION,
THIRUVANTHAPURAM DATED 19.03.2019 ALONG
WITH FIS
Annexure A-2 CERTIFIED COPY OF THE FINAL REPORT IN C.C
NO 746/2020 PENDING ON THE FILES OF
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT I, ATTINGAL DATED 15.02.2020
Annexure A-3 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE
RESPONDENT NO 3 DATED 03.01.2026
