[Cites 5, Cited by 0]
Kerala High Court
Jayas @ Chikku vs State Of Kerala on 27 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1295 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. 1295 OF 2026
CRIME NO.572/2004 OF Varkala Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1172 OF 2022 OF
ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL
COURT,ATTINGAL
PETITIONER/S:
JAYAS @ CHIKKU,
AGED 40 YEARS
JAWAHAR BHAVAN, WHYTTAKKADA, KAPPIL, EDAVA VILLAGE,
VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695311
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT,
PIN - 695141
3 ANSAR,
AGED 53 YEARS
PADINJAREKUTTI VETTI VEEDU, PATHINETTAM PADIKKU VADAKKU
VASAM, KAPPIL, EDAVA VILLAGE, VARKALA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695311
BY ADV SMT.NEETHU S.
CRL.MC NO. 1295 OF 2026
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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. 1295 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1295 OF 2026
-----------------------------------------------
Dated this the 27th day of February, 2026
ORDER
The petitioner is the 12th accused in SC
No.1172/2022 on the file of the Assistant Sessions Court,
Attingal, which has originated from Crime No.572/2004
registered by the Varkala Police Station,
Thiruvananthapruam, alleging the commission of the
offences punishable under Sections 143, 147, 148 and 308
read with Section 149 of the Indian Penal Code and
Section 27 of the Arms Act.
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 3rd respondent, who has
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executed Annexure-5 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the 3rd 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 3rd 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
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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,
Annexure-1 FIR, Annexure-2 Final Report and all further
proceedings in SC No.1172/2022 on the file of the
Assistant Sessions Court, Attingal, as against the
petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 1295 OF 2026
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO.572/2004 OF VARKALA POLICE STATION DATED
30.08.2004
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT OF THE 2ND
RESPONDENT IN CRIME NO 572/2004 OF VARKALA
POLICE STATION ALONG WITH 161 STATEMENTS OF
CWS 2 TO 4 DATED NIL
Annexure 3 TRUE COPY OF THE WOUND CERTIFICATE OF THE 3RD
RESPONDENT ISSUED FROM MEDICAL COLLEGE
HOSPITAL, THIRUVANANTHAPURAM DATED 30.08.2004
Annexure 4 TRUE COPY OF THE JUDGEMENT OF THE ASST.
SESSIONS COURT, ATTINGAL DATED 02.12.2021 IN
S.C NO 338 OF 2012
Annexure 5 ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT DATED 24.12.2025
