[Cites 3, Cited by 0]
Kerala High Court
Nabeel Naizam vs State Of Kerala on 14 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:2567
CRL.MC NO. 11775 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 14TH DAY OF JANUARY 2026 / 24TH POUSHA, 1947
CRL.MC NO. 11775 OF 2025
CRIME NO.382/2024 OF Kazhakkuttom Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.403 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL
PETITIONERS/ACCUSED NOS. 1 TO 4:
1 NABEEL NAIZAM,
AGED 22 YEARS
S/O NAIZAMUDEEN,SUDHEER MANZIL, MUDAPURAM WARD,
KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM, PIN - 695104
2 VIGNESH,
AGED 24 YEARS
S/O SUJANOVU,KARARAVATTALIL, VALAVUPACHA WARD,
CHITHARA VILLAGE,KOLLAM, PIN - 691559
3 MUHAMMED RASHID,
AGED 22 YEARS
S/O MUHAMMED ALI,KODIYANJOOR CHALAKKAL, KARAKUTTI
WARD, KODIYANJOOR VILLAGE, KOZHIKODE, PIN - 673602
4 GEORGIN ,
AGED 24 YEARS
S/O KURIEN VARGHESE,VADAKETHALAKKAL HOUSE,
MUTHUKATTUKARA, PALAMEL VILLAGE,ALAPPUZHA, PIN -
690504
BY ADVS.
SRI.GOKUL D. SUDHAKARAN
2026:KER:2567
CRL.MC NO. 11775 OF 2025
2
SHRI.VAISHNAV DATH S.
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER,
KAZHAKKOOTTAM POLICE STATION,
KAZHAKKOOTTAM,THIRUVANANTHAPURAM, PIN - 695582
3 ADHITHYAN,
S/O BABU,RADHA MANDHIRAM, CHERUVAKKAL
WARD,SREEKARYAM, THIRUVANATHAPURAM, PIN - 695017
BY ADV SHRI.ANEESHRAJ R.
PP. SRI. MP.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 11775 OF 2025
3
ORDER
Dated this the 14th day of January, 2026
The petitioners are the accused 1 to 4 in
C.C.No.403/2024 on the file of the Court of the Judicial First
Class Magistrate-II, Attingal (Trial Court), which has
originated from Crime No.382/2024 registered by the
Kazhakuttam Police Station, Thiruvananthapuram alleging
the commission of the offences punishable under Sections
341, 506 and 323 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 third respondent, who has executed
Annexure 3 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
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CRL.MC NO. 11775 OF 2025
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 Pradesh v.
Laxmi Narayan and Others [(2019) 5 SCC 688], Naushey Ali
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CRL.MC NO. 11775 OF 2025
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 between the parties and
restore peace. Hence, this Court is persuaded to hold that
this is a fit case to exercise its inherent jurisdiction.
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CRL.MC NO. 11775 OF 2025
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.403/2024 of the Trial Court, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
rmm14/1/2026
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CRL.MC NO. 11775 OF 2025
APPENDIX OF CRL.MC NO. 11775 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR AND FIS IN CRIME NO.
382/2024 OF KAZHAKKOOTTAM POLICE STATION
DATED 19-03-2024
Annexure 2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
382/2024 OF KAZHAKKOOTTAM POLICE STATION
DATED 28-03-2024
Annexure 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 22-12-2025
