[Cites 5, Cited by 0]
Kerala High Court
Parambath Ashraf vs State Of Kerala on 27 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:17909
CRL.MC NO. 321 OF 2026
1
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. 321 OF 2026
CRIME NO.227/2024 OF Chokli Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.760 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,THALASSERY
PETITIONER/ACCUSED:
PARAMBATH ASHRAF,
AGED 44 YEARS
S/O ABUBAKAR, PARAMBATH HOUSE, KIDANHI-, PIN -
670675
BY ADVS.
SMT.UMMUL FIDA
SRI.C.IJLAL
SMT.P.PARVATHY
SHRI.MAJID MUHAMMED K.
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 CHOKLI POLICE STATION,
REPRESENTED BY IT'S SUB INSPECTOR, CHOKLI, KANNUR,
KERALA, PIN - 670672
3 KAFEEL THANEEM,
AGED 34 YEARS
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S/O MOIDU, THANEEM, PUNATHILPALLY, KARIYAD,
KANNUR, PIN - 673316
BY ADV SHRI.ANANDU R.
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:
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CRL.MC NO. 321 OF 2026
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ORDER
Dated this the 27th day of February, 2026
The petitioner is the accused in C.C.No.760/2024
on the file of the Court of the Judicial First Class
Magistrate, Thalassery ( Trial Court) which has originated
from Crime No.227/2024 registered by the Chokli Police
Station, Kannur alleging the commission of the offences
punishable under Sections 341, 323 and 294(b) of the
Indian Penal Code.
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 registration of the crime has been amicably settled
between the petitioner and the third respondent, who has
executed Annexure A3 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
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CRL.MC NO. 321 OF 2026
petitioner, the learned Public Prosecutor, and the learned
Counsel for the third respondent.
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 third
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
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
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CRL.MC NO. 321 OF 2026
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
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CRL.MC NO. 321 OF 2026
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, Annexure A2 final report and all
further proceedings in C.C. No.760/2024 of the Trial
Court, as against the petitioner, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm27/02/2026
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CRL.MC NO. 321 OF 2026
APPENDIX OF CRL.MC NO. 321 OF 2026
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 0227
OF 2024 OF CHOKLI POLICE STATION
Annexure A2 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 0227 OF 2024 OF CHOKLI POLICE STATION
FILED BEFORE JUDICIAL FIRST-CLASS
MAGISTRATE COURT, THALASSERY
Annexure A3 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT
STATING THE SETTLEMENT OF ALL THE
DISPUTES DATED 26/10/2025
