[Cites 2, Cited by 0]
Kerala High Court
Bindhu Milton vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:17393
CRL.MC NO. 1275 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. 1275 OF 2026
CRIME NO.407/2025 OF Kalpetta Police Station, Wayanad
PETITIONERS/ACCUSED:
1 BINDHU MILTON,
AGED 52 YEARS
W/O MILTON FRANCIS, ELENJIKKAL HOUSE, CHOORIYATTA
SANGAMAM JUNCTION, PINANGOD, WAYANAD, PIN - 673122
2 MILTON FRANCIS,
AGED 54 YEARS
S/O FRANCIS, ELENJIKKAL HOUSE, CHOORIYATTA SANGAMAM
JUNCTION, PINANGOD, WAYANAD, PIN - 673122
BY ADVS.
SMT.CELINE JOSEPH
SMT.V.C.ARCHANA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
STATION HOUSE OFFICER, KALPETTA POLICE
STATION,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
2 MOOFIDA P.M,
ASSISTANT BRANCH POSTMASTER (ABPM), PINANGODE POST
OFFICE, WAYANAD , D/O MUSTAFA,KIZHAKIYYIL HOUSE,
VADAKKAN COLONY KUNNAMBETTA NOW RESIDING AT
PETTINTEVEEDU HOUSE, PUZHAMUDI POST VENGAPALLY,
WAYANAD DISTRICT., PIN - 673121
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CRL.MC NO. 1275 OF 2026
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3 ANOOP,
ASSISTANT BRANCH POSTMASTER (ABPM) PINANGODE POST
OFFICE, WAYANAD, S/O APPUNNI C. CHERIYILPADI HOUSE,
PINANGODE POST, ACHOORANAM, VYTHIRI, WAYANAD, PIN -
673122
BY ADV SMT.K.DEEPA (PAYYANUR)
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
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. 1275 OF 2026
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C.S.DIAS, J.
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Crl.M.C. No. 1275 of 2026
-----------------------------------------
Dated this the 26th day of February, 2025
ORDER
The petitioners are accused in Crime No.407 of 2025
registered by the Kalpetta Police Station, Wayanad,
alleging the commission of the offences punishable under
Sections 132 and 351(2) 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 the
respondents 2 and 3, who have executed Annexures A9 and
A10 affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for
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CRL.MC NO. 1275 OF 2026
the petitioners, the learned Public Prosecutor, and the
learned Counsel for the respondents 2 and 3.
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
respondents 2 and 3 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 Hon'ble Supreme Court, in Gian Singh v.
State of Punjab [(2012) 10 SCC 303], State of Madhya
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CRL.MC NO. 1275 OF 2026
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.
Furthermore, the settlement would promote harmony
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CRL.MC NO. 1275 OF 2026
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 and all further proceedings in Crime
No.407 of 2025 of the Kalpetta Police Station, as against
the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 1275 OF 2026
APPENDIX OF CRL.MC NO. 1275 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR &FIS DATED 20.03.2025
OF CRIME NO. 407/2025 OF THE KALPETTA
POLICE STATION, WAYANAD DISTRICT
Annexure A2 TRUE COPY OF THE EMAIL SENT TO THE SHO
KALPETTA
Annexure A3 A TRUE COPY OF THE WRITTEN COMPLAINT
Annexure A4 A TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE SUPERINTENDENT OF POLICE,
WAYANAD, ALONG WITH THE ACKNOWLEDGMENT
ISSUED THERETO
Annexure A5 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE SUPERINTENDENT OF POLICE, WAYANAD, IN
RESPONSE TO THE PETITIONER'S
REPRESENTATION
Annexure A6 THE TRUE COPY OF THE REPLIES FURNISHED BY
THE POSTAL DEPARTMENT TO THE RTI QUERIES
MADE BY THE 1ST PETITIONER
Annexure A7 A TRUE COPY OF THE PETITION IN CMP
2307/2025 FILED BEFORE THE HON'BLE CJM
COURT KALPETTA
Annexure A8 A TRUE COPY OF THE ORDER OF THE HON'BLE
CJM COURT KALPETTA IN CRL. M.P 2307/2025
DATED 04.12.2025
Annexure A9 AN AFFIDAVIT DATED 20.11.2025 FILED BY THE
2ND RESPONDENT
Annexure A10 AN AFFIDAVIT DATED 20.11.2025 FILED BY THE
3RD RESPONDENT
