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Kerala High Court
Arun Sivan vs State Of Kerala on 13 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:2022
CRL.MC NO. 11072 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. 11072 OF 2025
CRIME NO.206/2021 OF Valiyamala Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1259 OF 2021
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,NEDUMANGAD
PETITIONERS/ACCUSED NOS.1 AND 2:
1 ARUN SIVAN,
AGED 28 YEARS
S/O SIVASANKARAN, ATHIRA BHAVAN, KANIYARAMKODE,
PANACODE P.O, THOLIKODE VILLAGE, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695542
2 HARI,
AGED 29 YEARS
S/O SURENDRAN, V S BHAVAN, KANIYARAMKODE, PANACODE
P.O, THOLIKODE VILLAGE, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695542
BY ADVS.
SRI.V.A.VINOD
SHRI.SUHAIL M.
RESPONDENTS/STATE AND COMPLAINANT/INJURED:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
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CRL.MC NO. 11072 OF 2025
2
2 STATION HOUSE OFFICER,
VALIYAMALA POLICE STATION, THIRUVANTHAPURAM, PIN -
695542
3 RAJEEV,
AGED 42 YEARS
S/O VASUDEVAN NAIR, RESIDING AT ASWATHY BHAVAN,
PULLIKONAM, THOLICODE VILLAGE, PANACODE P.O,
NEDUMANGAD TALK, THIRUVANANTHAPURAM, PIN - 695542
4 VISHNU,
AGED 34 YEARS
S/O SATHEESAN, RESIDING AT VIJAYA HOME PULLIKONAM,
THOLICODE VILLAGE, PANACODE P.O NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695542
5 AKHIL,
AGED 31 YEARS
S/O SREEKUMARAN NAIR, RESIDING AT S.A BHAVAN,
KOCHUKARIKKAKOM, MANNOORKONAM, KARIPPOOR VILLAGE,
NEDUMANGAD TALK, THIRUVANANTHAPURAM, PIN - 695542
BY ADV SRI.SHAKTHI PRAKASH
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:
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CRL.MC NO. 11072 OF 2025
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ORDER
Dated this the 13th day of January, 2026
The petitioners are the accused 1 and 2 in
C.C.No.1259/2021 on the file of the Court of the Judicial
First Class Magistrate-I, Nedumangad (Trial Court), which
has originated from Crime No.206/2021 registered by the
Valiyamala Police Station, Thiruvananthapuram alleging
the commission of the offences punishable under Sections
294(b), and 323 r/w Section 149 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 3 to 5, who have executed Annexures A3 to
A5 affidavits, affirming the settlement.
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CRL.MC NO. 11072 OF 2025
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 3 to 5.
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 3 to 5 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.
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CRL.MC NO. 11072 OF 2025
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 justice.
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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 A1 FIR, Annexure A2 final report and all
further proceedings in C.C. No.1259/2021 of the Trial
Court as against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm13/01/2026
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CRL.MC NO. 11072 OF 2025
APPENDIX OF CRL.MC NO. 11072 OF 2025
PETITIONER ANNEXURES
Annexure A-1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 206/2021 OF
VALIYAMALA POLICE STATION,
THIRUVANTHAPURAM DATED 10.02.2021 ALONG
WITH FIS
Annexure A-2 CERTIFIED COPY OF THE FINAL REPORT IN C.C
NO 1259/2021 PENDING ON THE FILES OF
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT I, NEDUMANGAD DATED 25.03.2021
Annexure A-3 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE
RESPONDENTS NO 3 DATED 23.09.2024
Annexure A-4 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE
RESPONDENTS NO 4 DATED 23.09.2024
Annexure A-5 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE
RESPONDENTS NO 5 DATED 23.09.2024
