[Cites 5, Cited by 0]
Kerala High Court
Ajmal Muhammed vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1013 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. 1013 OF 2026
CRIME NO.1836/2021 OF Palarivattom Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.104 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM
PETITIONER/S:
AJMAL MUHAMMED,
AGED 37 YEARS
S/O. MUHAMMED, PURAKKULAM HOUSE, PERINJANAM, THRISSUR,,
PIN - 680741
BY ADVS.
SRI.VIJAY V. PAUL
SHRI.AJAY V.ANAND
SRI.ALPHIN ANTONY
SMT.P.V.UTTARA
SHRI.ROJIT ZACHARIAH
SMT.ANGELA ELSA JOHN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SHEFEEQ MUHAMMED,
AGED 45 YEARS
S/O. BAVA, MOONAKKAPARAMBIL HOUSE, KARUVAKKULAM ROAD,
KIZHUPPILLY KARA, THANIYUM VILLAGE, THRISSUR DISTRICT,
KERALA, PIN - 680565
CRL.MC NO. 1013 OF 2026
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BY ADVS.
SRI.AADITHYAN S.MANNALI
SHRI.NANDHU S.
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. 1013 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1013 OF 2026
-----------------------------------------------
Dated this the 26th day of February, 2026
ORDER
The petitioner is the sole accused in CC
No.104/2022 on the file of the Court of the Judicial
Magistrate of First Class -IX, Ernakulam, which has
originated from Crime No.1836/2021 registered by the
Palarivattom Police Station, Ernakulam, alleging the
commission of the offences punishable under Sections 323
and 324 of the Indian Penal Code.
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
between the petitioner and the 2nd respondent, who has
executed Annexure-A3 affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the 2nd 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 2nd
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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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
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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.104/2022 on the file of the
Court of the Judicial Magistrate of First Class -IX,
Ernakulam, as against the petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1013 OF 2026
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR ALONG WITH THE FIS
IN CRIME NO. 1836/2021 OF PALARIVATTOM POLICE
STATION DATED 09.10.2021
Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET CONTAINING
FINAL REPORT, WITNESS LIST, 161 STATEMENTS,
BAIL BOND, WOUND CERTIFICATE AND COPY OF THE
AADHAR CARD OF THE PETITIONER, IN CRIME NO.
1836/2021 OF PALARIVATTOM POLICE STATION
DATED 15.10.2021
Annexure A3 THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT
DATED 05.01.2026
