[Cites 4, Cited by 0]
Kerala High Court
Adarsh vs State Of Kerala on 15 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 67 OF 2026 1 2026:KER:3347
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947
CRL.MC NO. 67 OF 2026
CRIME NO.358/2024 OF Sasthamcotta Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.336 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA
PETITIONERS/ACCUSED NOS 5 AND 6 :
1 ADARSH,
AGED 22 YEARS
S/O.PONNAN PILLAI, KARTHIKA, ALUMKADAV P.O, ALAPPAD
MURY, KARUNAGAPPALLY, KOLLAM -, PIN - 690573
2 GOKUL KRISHNA,
AGED 23 YEARS
S/O.SANTHOSH KUMAR, VALALIL THEKKATHIL VETTIL,
ALUMKADAVU P.O, MARATHURKULANGARA MURY,
AYANIVELIKULANGARA, KARUNAGAPPALLY, KOLLAM -, PIN -
690573
BY ADVS.
SRI.K.SIJU
SMT.ANJANA KANNATH
RESPONDENT/STATE AND DEFACTO COMPLAINANT AND INJURED :
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA AT ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT -, PIN
- 690521
CRL.MC NO. 67 OF 2026 2 2026:KER:3347
3 ANEESH,
AGED 36 YEARS
S/O.ABDUL NADIR, SANEESH MANZIL, KAROOR KADAVU,
NORTH MYNAGAPPALLY, MYNAGAPPALLY P.O, KOLLAM -, PIN
- 690519
4 HARIS,
AGED 38 YEARS
S/O.NADIR, SANISH MANZIL, KAROOR KADAVU, NORTH
MYNAGAPPALLY, MYNAGAPPALLY P.O, KOLLAM -, PIN -
690519
5 RASHEED,
AGED 49 YEARS
S/O.YOUNUS KUNJU, KADUVINGAL, VELUTHAMANAL,
THODIYOOR P.O, KOLLAM -, PIN - 690523
6 NAVAS,
AGED 46 YEARS
S/O. YOUNUS KUNJU, SANKRAMATH THEKKATHILL, VILLAGE
JUNCTION, THODIYOOR P.O, KOLLAM -, PIN - 690523
BY ADV SRI.A.MUHAMMED RAFFI
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 67 OF 2026 3 2026:KER:3347
C.S.DIAS, J.
---------------------------------------
CRL.MC NO. 67 OF 2026
------------------------------------------------------
Dated this the 15th day of January, 2026
ORDER
The petitioners are accused Nos. 5 and 6 in
C.C.No.336/2024 on the file of the Court of the Judicial
First Class Magistrate-I, Sasthancottah, (Trial Court),
which has originated from Crime No.358/2024
registered by the Sasthancottah Police Station, Kollam
alleging the commission of the offences punishable
under Sections 143, 147, 148, 294(b), 324 and 326
r/w Section 149 of the Indian Penal Code, 1860.
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
CRL.MC NO. 67 OF 2026 4 2026:KER:3347
petitioners and the respondents 3 to 6 , who have
executed Annexures A3 to A6 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 3 to 6.
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 6 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.
CRL.MC NO. 67 OF 2026 5 2026:KER:3347
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 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
CRL.MC NO. 67 OF 2026 6 2026:KER:3347
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.
In the result, the Crl. M.C. is allowed. Accordingly,
Annexure A1 FIR and Annexure A2 Final Report in
Crime No.358/2024 of the Sasthancottah Police Station
and all further proceedings in C.C. No.336/2024 on the
file of the Trial Court, as against the petitioners, are
hereby quashed.
Sd/-
C.S.DIAS,JUDGE
SCB/15.01.26.
CRL.MC NO. 67 OF 2026 7 2026:KER:3347
APPENDIX OF CRL.MC NO. 67 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR IN CRIME NO.358/2024 OF
SASTHAMCOTTA POLICE STATION, KOLLAM
DISTRICT DATED 28.2.2024
Annexure A2 THE COPY OF FINAL REPORT IN CRIME NO.
358/2024 OF SASTHAMCOTTA POLICE STATION
DATED 7.9.2024
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
REGARDING THE SETTLEMENT DATED 3.1.2026
Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
REGARDING THE SETTLEMENT DATED 3.1.2026
Annexure A5 THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT
REGARDING THE SETTLEMENT DATED 3.1.2026
Annexure A6 THE AFFIDAVIT SWORN BY THE 6TH RESPONDENT
REGARDING THE SETTLEMENT DATED 3.1.2026
