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Kerala High Court
Sibi.C.Sam vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1263 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. 1263 OF 2026
CRIME NO.1417/2023 OF Pathanamthitta Police Station,
Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.78 OF 2024 OF
DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
PATHANAMTHITTA
PETITIONER/S:
SIBI.C.SAM,
AGED 44 YEARS
S/O.C.M.SAMUEL, CHERIYATHU HOUSE
VAYYATTUPUZHA.P.O,CHITTAR,PATHANAMTHITTA, PIN - 689663
BY ADVS.
SRI.T.K.BIJU (MANJINIKARA)
SMT.ANNIE M.ABRAHAM
SHRI.KURIEN BIJU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 SUB INSPECTOR OF POLICE,
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA, PIN -
689647
3 RAJESH.P.V,
S/O.PODIYAN,AGED 45 YEARS,PALASSERILVEETTIL,
CRL.MC NO. 1263 OF 2026
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NARIYAPURAM.P.O,VAYLAVADAKKU,VALLIKODE VILLAGE,
PATHANAMTHITTA, PIN - 689513
BY ADV SRI.T.P.PRADEEP
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. 1263 OF 2026
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C.S.DIAS, J.
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Crl.M.C. No. 1263 OF 2026
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Dated this the 26th day of February, 2026
ORDER
The petitioner is the accused in SC No.78/2024 on
the file of the Court of Session, Pathanamthitta, which has
originated from Crime No.1417/2023 registered by the
Pathanamthitta Police Station, Pathanamthitta, alleging
the commission of the offences punishable under Section
294(b) and 323 of the Indian Penal Code, 1860 and
Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(Amendment 2015).
2. The petitioner has 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
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between the petitioner and the 3rd respondent, who has
executed Annexure-A3 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioner, 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 SC No.78/2024 on the file of the
Court of Session, Pathanamthitta, as against the
petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1263 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.1417/2023 OF
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA
DATED 18/10/2023
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1417/2023 OF PATHANAMTHITTA POLICE
STATION, PATHANAMTHITTA, DATED 13.12.2023
Annexure A3 AFFIDAVIT OF THE 3RD RESPONDENT DATED
16/02/2025
