[Cites 3, Cited by 0]
Kerala High Court
Vijin Purushothaman vs State Of Kerala on 7 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 11263 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
CRL.MC NO. 11263 OF 2025
CRIME NO.213/2025 OF Kuthuparamba Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.432 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,KUTHUPARAMBA
PETITIONER/S:
VIJIN PURUSHOTHAMAN,
AGED 38 YEARS
JANNATH HOUSE, PACHAPOIKA P.O., KANNUR CITY, PIN -
670643
BY ADVS.
SHRI.VISHNU NARAYANAN
SMT.SHENI KRISHNA R.N.
SMT.THEJALAKSHMI R.S.
SMT.ANUSREE K.
RESPONDENT/S:
1 STATE OF KERALA,
SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
ERNAKULAM., PIN - 682031
2 BHIVIN K,
AGED 34 YEARS
S/O BHASKARAN, KOUSTHUBHAM HOUSE,ELIPPATTACHIRA,
KUTHUPARAMBA P.O. KANNUR DISTRICT, PIN - 670643
BY ADV SMT.SHRUTHI BALAKRISHNAN
CRL.MC NO. 11263 OF 2025
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OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 11263 OF 2025
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C.No. 11263 OF 2025
------------------------------------------------
Dated this the 7th day of January, 2026
ORDER
The petitioner is the accused in CC No.432/2025 on
the file of the Court of the Judicial Magistrate of First
Class, Kuthuparamba, which has originated from Crime
No.213/2025 of the Kuthuparamba Police Station, Kannur,
alleging the commission of the offences punishable under
Sections 329(3), 296(b), 126(2) and 115(2) of the
Bharatiya Nyaya Sanhita, 2023.
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 crime has been amicably settled between
the petitioner and the 2nd respondent, who has executed
Annexure-A3 affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the 2nd 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 2nd
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
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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,
Annexures A1 FIR, A2 final report and all further
proceedings in CC No.432/2025 on the file of the Court of
the Judicial Magistrate of First Class, Kuthuparamba, as
against the petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/07.01.26
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APPENDIX OF CRL.MC NO. 11263 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR WITH CRIME
NO.213 OF 2025 REGISTERED IN THE KUTHUPARAMBA
POLICE STATION OF KANNUR DISTRICT ON 15-03-
2025 PENDING BEFORE JFCM KUTHUPARAMBA AS
CC/432 OF 2025
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 213 OF 2025 OF THE KANNUR
KUTHUPARAMBA POLICE PENDING BEFORE THE JFCM,
Annexure A3 ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT
DATED 30-11-2025
