[Cites 8, Cited by 0]
Kerala High Court
Vineesh Sebastian vs State Of Kerala, Rep. By The Public ... on 27 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1008 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. 1008 OF 2026
CRIME NO.262/2024 OF Kelakom Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.730 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS II, KOOTHUPARAMBU
PETITIONER/S:
1 VINEESH SEBASTIAN,
AGED 38 YEARS
S/O DEVASIA, KOOTARAPALLIL HOUSE, KOOMANTHODE PO,
KANNUR, PIN - 670704
2 AJESH SEBASTIAN,
AGED 39 YEARS
S/O DEVASIA, KOOTARAPALLIL HOUSE, KOOMANTHODE PO,
KANNUR, PIN - 670704
3 DEVASIA K D @ KUTTIACHAN,
AGED 68 YEARS
S/O DEVASIA, KOOTARAPALLIL HOUSE, KOOMANTHODE PO,
KANNUR, PIN - 670704
4 SINSE GEORGE,
AGED 35 YEARS
S/O GEORGE, KOTTARATHIL, ERUVESSI PO, CHEMPERI, KANNUR,
PIN - 670632
BY ADVS.
SRI.MANU.M.THOMAS
SRI.P.C.ANIL KUMAR
RESPONDENT/S:
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1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THOMAS KUTTY,
AGED 28 YEARS
S/O JOHNY, KARUVANPLAKKAL HOUSE, ODENTHODE, KANICHAR,
MANATHANA PO, KANNUR, PIN - 670674
3 MATHEW KUTTY
AGED 28 YEARS
S/O JOHNY, KARUVANPLAKKAL HOUSE, ODENTHODE, KANICHAR,
MANATHANA PO, KANNUR, PIN - 670674
4 JOHNY,
AGED 59 YEARS
S/O MATHEW, KARUVANPLAKKAL HOUSE, ODENTHODE, KANICHAR,
MANATHANA PO, KANNUR, PIN - 670674
5 MATHEW,
AGED 52 YEARS
S/O VARGHESE, KARUVANPLAKKAL HOUSE, ODENTHODE,
KANICHAR, MANATHANA PO, KANNUR, PIN - 670674
BY ADVS.
SRI.PHIJO PRADEESH PHILIP
SHRI.P.V.ANOOP
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. 1008 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1008 OF 2026
-----------------------------------------------
Dated this the 27th day of February, 2026
ORDER
The petitioners are the accused 1 to 4 in CC
No.730/2024 on the file of the Court of the Judicial
Magistrate of First Class, Kuthuparamba, which has
originated from Crime No.262/2024, registered by the
Kelakom Police Station, Kannur, alleging the commission
of the offences punishable under Sections 341, 323 and
324 read with Section 34 of the Indian Penal Code, 1860.
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 5, who have executed Annexures 3 to 6
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affidavits, 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 2 to 5.
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 5 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
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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
element of societal concern is involved; the chances of
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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,
Annexures-1 FIR, 2 Final Report and all further
proceedings in CC No.730/2024 on the file of the Court of
the Judicial Magistrate of First Class, Kuthuparamba, as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1008 OF 2026
PETITIONER ANNEXURES
Annexure 1 A DOWNLOADED COPY OF THE FIR NO 262/2024
DATED 14/04/2024 OF KELAKAM POLICE STATION,
KANNUR,
Annexure 2 AN ACCUSED COPY OF THE FINAL REPORT IN CRIME
NO 262/2024 OF KELAKAM POLICE STATION, KANNUR
DATED 08/06/2024
Annexure 3 RESPONDENT NO 2 EXECUTED AN AFFIDAVIT DATED
27/05/2025
Annexure 4 RESPONDENT NO 3 EXECUTED AN AFFIDAVIT DATED
27/05/2025
Annexure 5 RESPONDENT NO 4 EXECUTED AN AFFIDAVIT DATED
27/05/2025
Annexure 6 RESPONDENT NO 5 EXECUTED AN AFFIDAVIT DATED
27/05/2025
Annexure 7 LEGIBLE COPY OF FIS UPLOADED AS PAGE NO 25 TO
27 IN ANNEXURE 2
