[Cites 6, Cited by 0]
Kerala High Court
Manikantan vs State Of Kerala on 9 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:1246
CRL.MC NO. 11467 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
CRL.MC NO. 11467 OF 2025
CRIME NO.759/2017 OF Kasaragod Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.497 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD
PETITIONER/PETITIONER:
MANIKANTAN,
AGED 47 YEARS
S/O MADHAVAN, NELLIKKUNNE LIGHT HOUSE, KASABA
VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN -
671121
BY ADV SHRI.GODWIN JOSEPH
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT
ERNAKULAM, PIN - 682031
2 RAJAN. K,
AGED 40 YEARS
S/O KANNAN. K, RESIDING AT BANDICHAL HOUSE,
CHATTNACHAL, THEKKIL VILLAGE, THEKKIL, KASARAGOD
DISTRICT, PIN - 671541
3 CHANDRAN,
AGED 58 YEARS
S/O DASAN, RESIDING AT ASHOKNAGAR HOUSE, NEAR
TRAFFIC STATION, KASARAGOD, KASARAGOD TALUK,
KASARAGOD DISTRICT, PIN - 671121
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CRL.MC NO. 11467 OF 2025
2
BY ADV SMT.AARCHA A.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 11467 OF 2025
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ORDER
Dated this the 9th day of January, 2026
The petitioner is the accused in C.C.No.497/2018
on the file of the Court of the Judicial First Class
Magistrate-I, Kasaragod (Trial Court), which has
originated from Crime No.759/2017 registered by the
Kasaragod Police Station, Kasaragod alleging the
commission of the offences punishable under Sections
341, 323, 324 and 427 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 respondents 2 and 3, who
have executed Annexures C and C(a) affidavits, affirming
the settlement.
3. I have heard the learned Counsel appearing for the
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CRL.MC NO. 11467 OF 2025
petitioner, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 and 3.
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
respondents 2 and 3 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
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. 11467 OF 2025
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. 11467 OF 2025
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 A FIR, Annexure B final report and all further
proceedings in C.C. No.497/2018 of the Trial Court, as
against the petitioner, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm9/1/2026
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CRL.MC NO. 11467 OF 2025
APPENDIX OF CRL.MC NO. 11467 OF 2025
PETITIONER ANNEXURES
Annexure A THE CERTIFIED COPY OF THE FIR DATED
24.08.2017 IN CRIME NO. 759/2017 OF
KASARAGOD POLICE STATION, KASARAGOD
DISTRICT.
Annexure B THE CERTIFIED COPY OF THE FINAL REPORT
NO. 1024/17 DATED 03.10.2017 CRIME NO.
759/2017 OF KASARAGOD POLICE STATION,
KASARAGOD DISTRICT, NOW PENDING AS C.C.
NO. 497/2018 BEFORE THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT - I,
KASARAGOD.
Annexure C THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/DE-FACTO COMPLAINANT ON
24.11.2025 BEFORE THIS HON'BLE COURT
STATING THE SETTLEMENT OF ALL THE
DISPUTES IN CRIME NO. 759/2017 OF
KASARAGOD POLICE STATION, NOW PENDING AS
C.C. NO. 497/2018 BEFORE THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT -
I, KASARAGOD
Annexure C(a) THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT/CW2 ON 24.11.2025 BEFORE THIS
HON'BLE COURT STATING THE SETTLEMENT OF
ALL THE DISPUTES IN CRIME NO. 759/2017 OF
KASARAGOD POLICE STATION, NOW PENDING AS
C.C. NO. 497/2018 BEFORE THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT -
I, KASARAGODTHE AFFIDAVIT SWORN BY THE
3RD RESPONDENT/CW2 ON 24.11.2025 BEFORE
THIS HON'BLE COURT STATING THE SETTLEMENT
OF ALL THE DISPUTES IN CRIME NO. 759/2017
OF KASARAGOD POLICE STATION, NOW PENDING
AS C.C. NO. 497/2018 BEFORE THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT -
I, KASARAGOD
