[Cites 3, Cited by 0]
Kerala High Court
Kasinad R S vs State Of Kerala on 27 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1383 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. 1383 OF 2026
CRIME NO.754/2025 OF Kuthiyathode Police Station, Alappuzha
PETITIONER/S:
1 KASINAD R S,
AGED 22 YEARS
S/O SUDHEER, RETNABHAVAN,PATTANAKKAD P.O, CHERTHALA ,
ALAPPUZHA -, PIN - 688524
2 ARJUN T S,
AGED 24 YEARS
S/O SABU T D,ADITHYABHAVAN PATTANAKKAD P O , CHERTHALA,
ALAPPUZHA, PIN - 688524
3 SANDEEP KS ,
AGED 26 YEARS
S/O . SAMEERAN KD,KODIYANADU HOUSE,PATTANAKKD P.O,
CHERTHALA , ALAPPUZHA, PIN - 688524
4 ARJUNRAJ N. R,
AGED 23 YEARS
S/O RAJENDRAN. N. V,AMBIKA. P. M,NIKARTHIL PATTANAKKAD
P.O , CHERTHALA , ALAPPUZHA, PIN - 688524
5 ANANDAKRISHNAN T.B,
AGED 25 YEARS
S/O: T G BALAKRISHNAN,THEKKETHOTTATHIL, CMC
31,VELORVATTOM,VTC: CHERTHALA NORTH (PART).ALAPPUZHA,
PIN - 688524
6 VISHNU V.R,
AGED 23 YEARS
S/O RAJESH V.N,VALAVANA , PATTANAKKAD P.O , CHERTHALA ,
ALAPPUZHA ,, PIN - 688524
7 RAHUL V R,
AGED 27 YEARS
S/O RAJESH V.N,VALAVANA , PATTANAKKAD P.O , CHERTHALA ,
CRL.MC NO. 1383 OF 2026
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ALAPPUZHA ,, PIN - 688524
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
SHRI.T.P.ARAVIND
SHRI.MAHESWAR PADICKAL
SMT.AKSHARA S.
SMT.NIVEDITA RAJEEV
RESPONDENT/S:
1 STATE OF KERALA,
REP BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,(CRIME NO
754/2025 OF KUTHIYATHODE POLICE STATION, ALAPUZHA
DISTRICT, PIN - 682031
2 SUDHESH V.S,
AGED 35 YEARS
S/O SANTHOSH KUMAR, THOTTAHUVELI, CMC 8
KOKKOTHAMANGALAM, CHERTHALA, ALAPPUZHA KERALA, PIN -
688524
3 SARATH D,
AGED 36 YEARS
S/O DAYASEELAN, CMC 8 KOKKOTHAMANGALAM, CHERTHALA,
ALAPPUZHA KERALA, PIN - 688524
4 SHYAM,
AGED 34 YEARS
S/O DAYASEELAN, CMC 8 KOKKOTHAMANGALAM, CHERTHALA,
ALAPPUZHA KERALA, PIN - 688524
BY ADVS.
SRI.C.DHEERAJ RAJAN
SHRI.ANAND KALYANAKRISHNAN
SHRI.LIBIN VARGHESE
CRL.MC NO. 1383 OF 2026
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OTHER PRESENT:
SR.PP.SMT.SEETHA S
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. 1383 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1383 OF 2026
-----------------------------------------------
Dated this the 27th day of February, 2026
ORDER
The petitioners are the accused in Crime
No.754/2025, registered by the Kuthiyathode Police
Station, Alappuzha, alleging the commission of the
offences punishable under Sections 115(2), 118(1), 118(2)
and 126(2) read with Section 3(5) 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 4, who have executed Annexures II to IV
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 4.
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 4 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
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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-I FIR and all further proceedings in Crime
No.754/2025, registered by the Kuthiyathode Police
Station, Alappuzha, as against the petitioners are hereby
quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1383 OF 2026
PETITIONER ANNEXURES
Annexure I THE CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO 754/2025 OF KUTHIYATHODE POLICE
STATION, ALAPPUZHA DISTRICT
Annexure II THE NOTARIZED AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 3.03.2026
Annexure III THE NOTARIZED AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 03.03.2026
Annexure IV THE NOTARIZED AFFIDAVIT SWORN BY THE 4TH
RESPONDENT DATED 03.03.2026
