[Cites 3, Cited by 0]
Kerala High Court
Muhammed Irfan P. P vs State Of Kerala on 27 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 756 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947
CRL.MC NO. 756 OF 2026
CRIME NO.989/2025 OF Chandera Police Station, Kasargod
PETITIONER/S:
1 MUHAMMED IRFAN P. P,
AGED 20 YEARS
S/O ABDUL RASHEED, R/AT PAZHAYAPATTILLATH, THURUTHI
BAZAR, HOSDURG, KASARAGOD, PIN - 671351
2 FAISAL C.H,
AGED 31 YEARS
S/O. MUSTHAFA.K, R/AT FAZEELA MANZIL,
CHEMBRAKANAM,VALIYAPOYIL (PO), HOSDURG, KASARGOD -, PIN
- 671313
3 ARSHAN BACKER.T,
AGED 24 YEARS
S/O. ABOOBACKER.P.V, R/AT ARSHITHA MANZIL, THURUTHI,
HOSDURG, KASARGOD -, PIN - 671351
4 MUHAMMED SHAZIN.V,
AGED 20 YEARS
S/O. SHAHANAS.V, R/AT VELAPURAM HOUSE, THURUTHI BAZAR,
THURUTHI (PO),HOSDURG, KASARGOD -, PIN - 671351
5 MUHAMMED SHAHID.M,
AGED 27 YEARS
S/O. NAFEESATH. M, R/AT MUNHANAM HOUSE,THURUTHI BAZAR,
THURUTHI (PO),HOSDURG, KASARGOD-, PIN - 671351
6 NAJEEB.M,
AGED 28 YEARS
S/O. ABDUL NAZAR,R/AT MADAPPURAM, THURUTHI,HOSDURG,
KASARGOD-, PIN - 671351
BY ADVS.
SRI.RAHUL SASI
CRL.MC NO. 756 OF 2026
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SMT.NEETHU PREM
SMT.P.ARDRA MENON
SHRI.ANANDHU S.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 RAMESHAN. A.K,
AGED 45 YEARS
S/O AMBUNHI,R/AT MUZHAKKIL HOUSE, MADKKARA, THURUTHI,
HOSDURG TALUK KASARAGOD-, PIN - 671313
3 REKHA.K.V.,
AGED 46 YEARS
W/O PRADEEPAN ORUKULAM,CHERVATHUR, HOSDURG, KASARAGOD-,
PIN - 671314
4 JANYESH. T,
AGED 39 YEARS
S/O C.V JANARDHANAN, R/AT KARIYIL, THURUTHI, HOSDURG,
KASARAGOD, PIN - 671351
5 ARJUN.K,
AGED 23 YEARS
S/O KUMARAN,KAKKADATH, RAMANCHIRA, CHERUVATHUR, HOSDURG
KASARAGOD, PIN - 671313
6 RANJITHA T.V,
AGED 42 YEARS
S/O KRISHNAN, KANNAMKULAM HOUSE, KANNAMKULAM
CHERUVATHUR,HOSDURG, KASRAGOD, PIN - 671313
7 AKSHAY KRISHANAN,
AGED 19 YEARS
S/O UNNIKRISHNAN KANNAMKULAM,KANNAMKULAMTHIMIRI,
HOSDURG, KASARAGOD, PIN - 671313
8 ADARASH.T RAVEENDRAN,
AGED 22 YEARS
S/O KAVUMTHALAKKAL RAVEENDRAN, THAZATHUMURIYIL,
CHERUVATHUR, HOSDURG, KASARAGOD, PIN - 671313
CRL.MC NO. 756 OF 2026
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9 ALAN K.V
S/O REKHA K.V REPRESENTED BY HIS NEXT FRIEND AND MOTHER
REKHA K.V, AGED 46 YEARS, W/O PRADEEPAN, ORKULAM HOUSE,
ORKULAM THURUTHI VILLAGE, CHERUVATHUR, HOSDURG,
KASARAGOD (IS IMPLEADED AS ADDITIONAL R9 AS PER ORDER
DATED 24.02.2026 IN CRL M.A 2/2026 IN CRL M.C
756/2026 )
BY ADV SHRI.MIDU DEV PREM
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 756 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 756 OF 2026
-----------------------------------------------
Dated this the 27th day of February, 2026
ORDER
The petitioners are the accused 1 to 11 in Crime
No.989/2025, registered by the Chandera Police Station,
Kasaragod, alleging the commission of the offences
punishable under Sections 189(2), 191(2), 191(3), 126(2),
118(1) and 110 read with Section 190 of the Bharatiya
Nyaya Sanhita, 2023.
2. The petitioners have invoked the inherent
jurisdiction of this Court under Section 528 of the
Bharatiya Nagarik Surksha Sanhita, 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 to 9, who have executed Annexures A2 to
A8 affidavits, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 to 9.
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 respondents 2
to 9 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
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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
CRL.MC NO. 756 OF 2026
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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 and all further proceedings in Crime
No.989/2025, registered by the Chandera Police Station,
Kasaragod, as against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 756 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR ALONG WITH FIS
IN CRIME NO. 989 OF 2025 DATED 13.12.2025 OF
CHANDERA POLICE STATION
Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED
23.12.2025 SUBMITTED BY THE 2ND RESPONDENT
Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED
23.12.2025 SUBMITTED BY THE 6TH RESPONDENT
Annexure A4 THE ORIGINAL OF THE AFFIDAVIT DATED
23.12.2025 SUBMITTED BY THE 7TH RESPONDENT
Annexure A5 THE ORIGINAL OF THE AFFIDAVITS DATED
03.01.2026 SUBMITTED BY THE 3RD RESPONDENT
Annexure A6 THE ORIGINAL OF THE AFFIDAVITS DATED
03.01.2026 THE ORIGINAL OF THE AFFIDAVITS
DATED 03.01.2026 SUBMITTED BY THE 4TH
RESPONDENT
Annexure A7 THE ORIGINAL OF THE AFFIDAVITS DATED
03.01.2026 SUBMITTED BY THE 5TH RESPONDENT
Annexure A8 THE ORIGINAL OF THE AFFIDAVITS DATED
03.01.2026 SUBMITTED BY THE 8TH RESPONDENT
