[Cites 4, Cited by 0]
Kerala High Court
Sushil vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 962 OF 2026
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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. 962 OF 2026
CRIME NO.36/2021 OF Vellarada Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1827 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA
PETITIONER/S:
1 SUSHIL,
AGED 32 YEARS
THENGINKONAM HOUSE, KUDAPPANAMOODU, KOVELLOOR DESAM,
AMBOORI VILLAGE, ATTAKKADA TALUK, THIRUVANANTHAPURAM
DISTRICT, KERALA,, PIN - 695505
2 NOUSHAD,
AGED 54 YEARS
PARAVOOR HOUSE, KUDAPPANAMOODU, KOVELLOOR DESAM,
AMBOORI VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM
DISTRICT, KERALA,, PIN - 695505
3 NAJEEB,
AGED 49 YEARS
P.V HOUSE, KUDAPPANAMOODU, KOVELLOOR DESAM, AMBOORI
VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT,
KERALA,, PIN - 695505
4 RAHMAN,
AGED 26 YEARS
HAMSA MANZIL, KUDAPPANAMOODU, KOVELLOOR DESAM, AMBOORI
VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT,
KERALA,, PIN - 695505
5 SAJADH,
AGED 42 YEARS
THAVAKAITHA HOUSE, KUDAPPANAMOODU, KOVELLOOR DESAM,
AMBOORI VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM
DISTRICT, KERALA,, PIN - 695505
CRL.MC NO. 962 OF 2026
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6 SULFIKKAR,
AGED 58 YEARS
THENGINKONAM HOUSE, KUDAPPANAMOODU, KOVELLOOR DESAM,
AMBOORI VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM
DISTRICT, KERALA,, PIN - 695505
7 SHAFEEK,
AGED 43 YEARS
MELEPUTHAN HOUSE, KUDAPPANAMOODU, KOVELLOOR DESAM,
AMBOORI VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM
DISTRICT, KERALA,, PIN - 695505
BY ADV SMT.K.R.MONISHA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM,, PIN - 682031
2 STATION HOUSE OFFICER OF VELLARADA POLICE STATION,
VELLARADA P.O, NEIYYATTIKARA, THIRUVANANTHAPURAM
DISTRICT,, PIN - 695505
3 JOBY ABRAHAM,
AGED 45 YEARS
KARIKKATHIL HOUSE, THENGINKONAM, KOVELLOOR DESAM,
AMBOORI VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM
DISTRICT, KERALA,, PIN - 695505
BY ADV SHRI.JITHIN BOSE
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 962 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 962 OF 2026
-----------------------------------------------
Dated this the 26th day of February, 2026
ORDER
The petitioners are the accused 1 to 7 in CC
No.1827/2021 on the file of the Court of the Judicial
Magistrate of First Class-III, Neyyattinkara, which has
originated from Crime No.36/2021 registered by the
Vellarada Police Station, Thiruvananthapuram, alleging
the commission of the offences punishable under Sections
143, 147, 148, 294(b), 323, 324 and 506(ii) read with
Section 149 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 3rd
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respondent, who has executed Annexure-A3 affidavit,
affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 3rd 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 3rd 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.
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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 FIR, Annexure A2 Final Report and all
further proceedings in CC No.1827/2021 on the file of the
Court of the Judicial Magistrate of First Class-III,
Neyyattinkara, as against the petitioners, are hereby
quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 962 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 36 OF 2021 OF THE VELLARADA
POLICE STATION, THIRUVANANTHAPURAM DISTRICT
ALONG WITH THE STATEMENT OF THE DEFACTO
COMPLAINANT
Annexure A2 THE TRUE COPY OF FINAL REPORT IN C.C. NO.
1827 OF 2021 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-III,
NEYYATTINKARA
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN TO BY THE 3RD
RESPONDENT DATED 12.12.2025
