[Cites 4, Cited by 0]
Kerala High Court
Christy Koshy vs State Of Kerala on 13 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:2029
CRL.MC NO. 9292 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947
CRL.MC NO. 9292 OF 2025
CRIME NO.22/2022 OF ELAVUMTHITTA POLICE STATION,
Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.555 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
PETITIONERS/ACCUSED NO.1 & 3:
1 CHRISTY KOSHY,
AGED 28 YEARS
S/O KOSHY GEORGE, KADAMPATTU PUTHENVEEDU, OONNUKAL
P.O. CHENEERKKARA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT - 691554 - PRESENTLY
RESIDING AT ROOM NO.1, TULSI SADAN, C.H.S STATION
ROAD, BEHIND BANK OF MAHARAHTRA, THAKURLI EAST
DOMBIVALI, THANE, MAHARASTRA, PIN - 421201
2 SELIN KOSHY,
AGED 60 YEARS
W/O KOSHY GEORGE, KADAMPATTU PUTHENVEEDU, OONNUKAL
P.O. CHENEERKKARA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT - 691554 - PRESENTLY
RESIDING AT ROOM NO.1, TULSI SADAN, C.H.S STATION
ROAD, BEHIND BANK OF MAHARAHTRA, THAKURLI EAST
DOMBIVALI, THANE, MAHARASTRA, PIN - 421201
BY ADV SRI.AJEESH K.SASI
RESPONDENTS/STATE, DE FACTO COMPLAINANT & INJURED WITNESS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2026:KER:2029
CRL.MC NO. 9292 OF 2025
2
2 VARGHESE GEORGE,
AGED 65 YEARS
S/O GEORGE, KADAMBATTU PUTHENVEEDU, PANAKKAL,
ONNUKAL P.O. CHENNEERKKARA VILLAGE KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT, PIN - 691554
3 LIJU VARGHESE,
AGED 27 YEARS
S/O VARGHESE GEORGE, KADAMBATTU PUTHENVEEDU,
PANAKKAL, ONNUKAL P.O. CHENNEERKKARA VILLAGE
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN -
691554
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SMT. AASHI K. SHAJAN
SHRI.RAVISANKAR C.R.
SHRI.HAFEEZ MUHAMMED
SR.PP. SMT. SEETHA S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.01.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2026:KER:2029
CRL.MC NO. 9292 OF 2025
3
ORDER
Dated this the 13th day of January, 2026
The petitioners are the accused in
C.C.No.555/2022 on the file of the Court of the Judicial
First Class Magistrate-II, Pathanamthitta (Trial Court),
which has originated from Crime No.22/2022 registered
by the Elavumthitta Police Station, Pathanamthitta
alleging the commission of the offences punishable
under Sections 341, 323, 324, 294 (b) and 427 r/w
Section 34 of the Indian Penal Code.
2. The petitioners have 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 petitioners and the
respondents 2 and 3, who have executed Annexures 3
2026:KER:2029
CRL.MC NO. 9292 OF 2025
and 4 affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for
the petitioners, 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
2026:KER:2029
CRL.MC NO. 9292 OF 2025
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
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
2026:KER:2029
CRL.MC NO. 9292 OF 2025
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 C.C. No.555/2022 of the Trial Court as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm13/01/2026
2026:KER:2029
CRL.MC NO. 9292 OF 2025
APPENDIX OF CRL.MC NO. 9292 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR IN CRIME NO.22/2022
OF ELAVUMTHITTA POLICE STATION DATED
10.1.2022.
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.555/2022 OF THE JUDICIAL FIRST-
CLASS MAGISTRATE II, PATHANAMTHITTA IN
CRIME NO. 22/2022 OF KONNI POLICE
STATION DATED 10.4.2022.
Annexure 3 THE AFFIDAVIT SWORN IN BY THE DEFACTO
COMPLAINANT/ 2ND RESPONDENT HEREIN
SIGNIFYING THE FACTUM OF SETTLEMENT
COMPOSITION OF THE DISPUTES WITH THE
PETITIONERS/ACCUSED DATED 27.9.2025.
Annexure 4 THE AFFIDAVIT SWORN IN BY CW2/INJURED /
3RD RESPONDENT HEREIN SIGNIFYING THE
FACTUM OF SETTLEMENT COMPOSITION OF THE
DISPUTES WITH THE PETITIONERS/ACCUSED
DATED 27.9.2025.
