[Cites 4, Cited by 0]
Kerala High Court
Fasalu Rahman P vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
Crl. M.C No. 1516 of 2026
2026:KER:17622
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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. 1516 OF 2026
CRIME NO.1326/2020 OF Hosdurg Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.561 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/S:
1 FASALU RAHMAN P,
AGED 36 YEARS
S/O ABBAS, FASLU RAHMAN MANZIL, BAVA NAGAR,
KANHANGAD KADAPURAM, KASARAGOD, PIN - 671531
2 ABDUL JALEEL B,
AGED 38 YEARS
S/O ATHUMAYI E.K, IRFAN MANZIL, BAVA NAGAR,
KANHANGAD KADAPURAM,KASARAGOD, PIN - 671531
3 NOUSHAD. K,
AGED 41 YEARS
S/O KUNHABDULA,NIJJA MANZIL, BAVA NAGAR, KANHANGAD
KADAPURAM,KASARAGOD, PIN - 671531
4 RIYAS C,
AGED 41 YEARS
S/O MOIDU HAJI C. H,SAREENA VILLA, BAVA NAGAR,
KANHANGAD KADAPURAM,KASARAGOD, PIN - 671531
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
SMT.P.ARDRA MENON
SHRI.ANANDHU S.
Crl. M.C No. 1516 of 2026
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RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 ABDUL RAHMAN. N,
AGED 52 YEARS
S/O MAMMU, BAVA NAGAR, KANHANGAD VILLAGE,
HOSDURG,KASARAGOD, PIN - 671315
3 SUBAIR. P,
AGED 57 YEARS
S/O MUHAMMED KALATHIL, KALATHIL HOUSE, MURIYANAVI,
KANHANGAD VILLAGE, HOSDURG, KASARAGOD, PIN -
671315
BY ADV SHRI.MIDU DEV PREM
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:
Crl. M.C No. 1516 of 2026
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C.S.DIAS, J.
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Crl. M.C No. 1516 of 2026
-----------------------------------------
Dated this the 26th day of February, 2026
ORDER
The petitioners are the accused Nos. 1 and 4 in
C.C No. 561/2021 on the file of the Court of Judicial
Magistrate First Class - I, Hosdurg, ('Trial Court', for
short), which has originated from Crime No. 1326/2020
registered by the Hosdurg Police Station, Kasaragod,
alleging the commission of the offences punishable under
Sections 143, 147, 148, 341, 323 and 324 r/w 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 registration of the crime has
been amicably settled between the petitioners and the
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respondents nos. 2 and 3, who has executed Annexures
A3 and A4 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 respondents nos. 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
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
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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
judicial process without advancing the cause of justice.
Furthermore, the settlement would promote harmony
between the parties and restore peace. Hence, this Court
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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 Annexure A2 Final
Report in Crime No. 1326 / 2020 registered by the
Hosdurg Police Station and all further proceedings in
C.C No. 561 / 2021 of the Trial Court, as against the
petitioners, are here by quashed.
Sd/-
Srs/26.02.2026 C.S.DIAS, JUDGE
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APPENDIX OF CRL.MC NO. 1516 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FIR ALONG WITH FIS
IN CRIME NO. 1326 OF 2020 DATED
10.12.2020 OF HOSDURG POLICE STATION
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
ALONG WITH MEMO OF EVIDENCE IN CRIME NO.
1326 OF 2020 DATED 24.01.2021 OF HOSDURG
POLICE STATION
Annexure A3 THE ORIGINAL OF THE AFFIDAVIT SUBMITTED
BY THE 2ND RESPONDENT DATED 06.01.2026
Annexure A4 THE ORIGINAL OF THE AFFIDAVIT SUBMITTED
BY THE 3RD RESPONDENTS DATED 06.01.2026
