[Cites 4, Cited by 0]
Kerala High Court
Anto Augustine vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:17409
CRL.MC NO. 1052 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
CRL.MC NO. 1052 OF 2026
CRIME NO.466/2016 OF Meenangadi Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.307 OF 2022 OF
ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL COURT
(KALPETTA), SULTHANBATHERY
PETITIONERS/ACCUSED 1 & 2:
1 ANTO AUGUSTINE ,
AGED 58 YEARS
MOOGANANYIL HOUSE,VAZHAVATTA P.O., WAYANAD, PIN -
673122
2 JOSEKUTTY AUGUSTINE,
AGED 41 YEARS
MOOGANANYIL HOUSE,VAZHAVATTA P.O., WAYANAD, PIN -
673122
BY ADV SRI.C.S.BISSIMON
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 MUHAMRNED SHAJEED U S,
URULAMKUNNATH HOUSE, VAZHAVATTA P.O, MUTTIL SOUTH,,
PIN - 673122
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CRL.MC NO. 1052 OF 2026
2
BY ADV SMT.ANJALI SUNIL
OTHER PRESENT:
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 1052 OF 2026
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C.S.DIAS, J.
---------------------------------------
Crl.M.C. No. 1052 of 2026
-----------------------------------------
Dated this the 26th day of February, 2025
ORDER
The petitioners are accused Nos.1 and 2 in
S.C.No.307 of 2022 on the file of the Court of the Assistant
Sessions Court, Sulthan Bathery, which has originated from
Crime No.466 of 2016 registered by the Meenangadi Police
Station, Wayanad, alleging the commission of the offences
punishable under Section 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 registration of the crime has been
amicably settled between the petitioners and the 2 nd
respondent, who has executed Annexure A6 affidavit,
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CRL.MC NO. 1052 OF 2026
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 submits that,
with the intervention of relatives and well-wishers, the
parties have resolved their disputes amicably. The 2 nd
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
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CRL.MC NO. 1052 OF 2026
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 continuation
of the proceedings would merely burden the judicial
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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 S.C. No. 307 of 2022 on the file of the Court
of the Assistant Sessions Court, Sulthan Bathery, as against
the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 1052 OF 2026
APPENDIX OF CRL.MC NO. 1052 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR NO. 466/2016 OF THE
MEENANGADI POLICE STATION DATED 02-09-2016
Annexure A2 TRUE COPY OF THE FINAL REPORT NO. 605/2021
DATED 27-08-2021 OF JFCM COURT-1 SULTHAN
BATHERI IN SC NO. 307/2022 IN THE FILE OF
ASSISTANT SECOND COURT, SULTHAN BATHERI
Annexure A3 TRUE COPY OF THE ACCIDENT-CUM-WOUND
CERTIFICATE ISSUED FROM THE LEO HOSPITAL,
KALPATTA, DATED 02-09-2016 SUBMITTED WITH
CHARGE
Annexure A4 TRUE COPY OF THE JUDGMENT WP (C) 33233/2016
DATED 14-07-2025 OF THE HON'BLE HIGH COURT
OF KERALA
Annexure A5 TRUE COPY OF THE JUDGMENT WA 2827/2025
DATED 2-12-2025 OF THE HON'BLE HIGH COURT
OF KERALA
Annexure A6 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT, AFFIRMING
THE STATEMENT AND EXPRESSING NO OBJECTION
TO QUASHING PROCEEDINGS
