[Cites 3, Cited by 0]
Kerala High Court
Adhith vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
Crl. M.C No. 942 of 2026
2026:KER:17649
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. 942 OF 2026
CRIME NO.1053/2025 OF Cherpu Police Station, Thrissur
PETITIONER/S:
1 ADHITH,
AGED 30 YEARS
S/O INDIRA KISHOR, THACHARA HOUSE, VENGINISSERI
DESOM, VENGINISSERI VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN - 680563
2 ASHIL JOHNY,
AGED 22 YEARS
S/O JOHNY, CHAKKALAKKAL HOUSE, AVINISSERI DESOM,
PALLISSERY VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680027
3 SUJITH,
AGED 27 YEARS
S/O SURENDRANATHAN, THAIKKANDI HOUSE, VENGINISSERI
DESOM, PARALAM VILLAGE, THRISSUR, PIN - 680563
BY ADVS.
SRI.C.DHEERAJ RAJAN
SHRI.ANAND KALYANAKRISHNAN
SHRI.LIBIN VARGHESE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 VIGNESH K.V
AGED 21 YEARS
Crl. M.C No. 942 of 2026
2
2026:KER:17649
S/O BABU, KOOTTINGAL PARAMBIL HOUSE, THRISSUR
TALUK, OORAKAM VILLAGE, OORAKAM P.O., THRISSUR,
PIN - 680562
3 VIGNESH,
AGED 21 YEARS
S/O PALU, PULLANIVILAYIL HOUSE, FRIENDS ROAD,
THRISSUR TALUK, PALISSERY P.O., TRIKKUR DESOM,
THRISSUR DISTRICT, PIN - 680027
4 VIDHUKRISHNAN M.M
AGED 24 YEARS
S/O MURALI, MURICHIRA HOUSE, VENGINISSERI,
THRISSUR TALUK, PARALAM VILLAGE, PARALAM P.O.,
THRISSUR DISTRICT, PIN - 680563
5 SANJAY,
AGED 18 YEARS
S/O SURESH, THARAYIL HOUSE, ARATTUPUZHA VILLAGE,
ARATTUPUZHA P.O., THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680562
BY ADV SHRI.ABRAHAM MATHAN
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. M.C No. 942 of 2026
3
2026:KER:17649
C.S.DIAS, J.
----------------------------------------
Crl. M.C No. 942 of 2026
-----------------------------------------
Dated this the 26th day of February, 2026
ORDER
The petitioners are the accused in Crime No.
1053 / 2025 registered by the Cherpu Police Station,
Thrissur, alleging the commission of the offences
punishable under Sections 115(1), 118(1), 118(2) r/w
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
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
respondents nos. 2 to 5, who has executed Annexures 2
to 5 affidavits, affirming the settlement.
3. I have heard the learned counsel appearing
for the petitioners, the learned Public Prosecutor, and
2026:KER:17649
the learned counsel for the respondents nos. 2 to 5.
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 respondents have no subsisting grievance and do
not wish to pursue the prosecution, and have 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
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
2026:KER:17649
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.
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 1 FIR in Crime No. 1053 / 2025
2026:KER:17649
registered by the Cherpu Police Station of the Trial
Court, as against the petitioners, are here by quashed.
Sd/-
Srs/26.02.2026 C.S.DIAS, JUDGE
2026:KER:17649
APPENDIX OF CRL.MC NO. 942 OF 2026
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR ALONG WITH
STATEMENT DATED 17.12.2025 IN CRIME
1053/2025 OF CHERPU POLICE STATION,
THRISSUR DISTRICT ALONG WITH THE
STATEMENT
Annexure 2 THE ATTESTED AFFIDAVIT DATED 29.01.2026
EVIDENCING THE FACTUM OF SETTLEMENT
BETWEEN THE PETITIONERS AND THE 2ND
RESPONDENT
Annexure 3 THE ATTESTED AFFIDAVIT DATED 29.01.2026
EVIDENCING THE FACTUM OF SETTLEMENT
BETWEEN THE PETITIONERS AND THE 3RD
RESPONDENT
Annexure 4 THE ATTESTED AFFIDAVIT DATED 29.01.2026
EVIDENCING THE FACTUM OF SETTLEMENT
BETWEEN THE PETITIONERS AND THE 4TH
RESPONDENT
Annexure 5 THE ATTESTED AFFIDAVIT DATED 29.01.2026
EVIDENCING THE FACTUM OF SETTLEMENT
BETWEEN THE PETITIONERS AND THE 5TH
RESPONDENT
