[Cites 3, Cited by 0]
Kerala High Court
Adnan vs State Of Kerala on 16 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 143 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 16TH DAY OF JANUARY 2026 / 26TH POUSHA, 1947
CRL.MC NO. 143 OF 2026
CRIME NO.762/2024 OF Edavanna Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.151 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - III, MANJERI / III
ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, MANJERI
PETITIONER/S:
1 ADNAN,
AGED 24 YEARS
S/O. ABDUL SHAREEF, KUTTITHODIKA HOUSE, KIZHAKKETHALA,
EDAVANNA AMSOM DESOM, ERNAD TALUK,MALAPPURAM DISTRICT,
PIN - 676541
2 ANEES,
AGED 37 YEARS
S/O. MUHAMMED, KAITHARA HOUSE, OTHAYI, PERAKAMANNA
P.O.,PERAKAMANNA AMSOM DESOM, ERNAD TALUK, MALAPPURAM
DISTRICT, PIN - 676541
3 BADARUDHEEN,
AGED 22 YEARS
S/O. MUHAMMED ISMAYIL, KUNDILPEEDIKA HOUSE, CHEMBAKUTH,
EDAVANNA P.O.,EDAVANNA AMSOM DESOM, ERNAD
TALUK,MALAPPURAM DISTRICT, PIN - 676541
4 MUHAMMED AFLAS,
AGED 23 YEARS
S/O. ABDUL JALEEL,PALAKKODAN HOUSE, CHEMBAKUTH,
EDAVANNA P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
5 DANISH,
AGED 21 YEARS
S/O. SAJID, PANANILATH HOUSE, CHEMBAKUTH, EDAVANNA
P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK,MALAPPURAM
CRL.MC NO. 143 OF 2026
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DISTRICT, PIN - 676541
6 AJNAS,
AGED 21 YEARS
S/O. ABDUL SHAREEF,KUTTITHODIKA HOUSE, KIZHAKKETHALA,
EDAVANNA P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
7 SHIBILI,
AGED 24 YEARS
S/O. SAJEEB, PARAMBAN HOUSE, KIZHAKKETHALA, EDAVANNA
P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK, MALAPPURAM
DISTRICT, PIN - 676541
BY ADV SHRI.KIRAN THOMAS
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER ,
EDAVANNA POLICE STATION,MALAPPURAM DISTRICT, PIN -
676541
3 MUHAMMED KAIF,
AGED 25 YEARS
S/O. SHAJAHAN,THACHAPARAMBAN HOUSE, MUNDENGARA,EDAVANNA
P.O., EDAVANNA AMSOM DESOM, ERNAD TALUK, MALAPPURAM
DISTRICT, PIN - 676541
4 RAHUL,
AGED 23 YEARS
S/O. SUNIL,PAMBADI HOUSE, MUNDENGARA, EDAVANNA
P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK, MALAPPURAM
DISTRICT, PIN - 676541
5 ANSIF,
AGED 24 YEARS
S/O. BASHEER, MUKKANNAN HOUSE, MUNDENGARA, EDAVANNA
P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK, MALAPPURAM
DISTRICT, PIN - 676541
6 NASIF,
AGED 25 YEARS
CRL.MC NO. 143 OF 2026
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S/O. NASAR, MOOLANGODAN HOUSE, MUNDENGARA, EDAVANNA
P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK, MALAPPURAM
DISTRICT, PIN - 676541
7 AMEENUL HAQ,
AGED 25 YEARS
S/O. ABDUL RASHEED, ARAYINKAL HOUSE, MUNDENGARA,
EDAVANNA P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
8 ANSIL RAHMAN,
AGED 22 YEARS
S/O. MUHAMMED KOYA, ODAMUNDA HOUSE, MUNDENGARA,
EDAVANNA P.O.,EDAVANNA AMSOM DESOM, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
BY ADV SRI.K.RAKESH
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 143 OF 2026
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No.143 OF 2026
--------------------------------------------
Dated this the 16th day of January, 2026
ORDER
The petitioners are the accused 1 to 7 in SC
No.151/2025 of the Additional Sessions Court-III, Manjeri,
which has originated from Crime No.762/2024, registered
by the Edavanna Police Station, Malappuram, alleging the
commission of the offences punishable under Sections
189(3), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110
and 238 read with Section 190 of the Bharatiya Nyaya
Sanhita, 2023.
2. The petitioners have invoked the inherent
jurisdiction of this Court under Section 528 of the
Bharatiya Nagarik Surksha Sanhita, 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
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respondents 3 to 8, who have executed Annexures C to H
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 8.
4. The learned counsel on either side submit that, with
the intervention of relatives and well-wishers, the parties
have resolved their disputes amicably. The respondents 3
to 8 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 settlement. There
was a counter case registered against the respondents 3 to
8, which has been quashed by this Court in
Crl.M.C.No.124/2026. Nonetheless, all the petitioners
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have criminal antecedents. There are two and three cases
registered against the petitioners 1 and 2, respectively,
one case each registered against the petitioners 3, 4 and 7
and eight and six crimes registered against the petitioners
5 and 6, respectively. Therefore, the petitioners 5 and 6
are habitual offenders. Hence, this Court may not exercise
its inherent powers in favour of the petitioners 5 and 6.
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
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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 under the BNS 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 to quash the offences under the BNS.
However, considering the law laid down in Laxmi
Narayan's case and the fact that the petitioners 5 and 6
are habitual offenders, I am not inclined to exercise the
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inherent powers of this Court in their favour.
Nevertheless, I am inclined to exercise the inherent
powers of this Court in favour of the petitioners 1 to 4 and
7.
In the result, the Crl.M.C. is partly allowed, by
quashing Annexures-A FIR, B final report and all further
proceedings in SC No.151/2025 of the Additional Sessions
Court-III, Manjeri as against the petitioners 1 to 4 and 7
and dismissing the Crl.M.C. filed by the petitioners 5 and
6, but without prejudice to their right to raise all their
contentions before the Trial Court.
sd/-
C.S.DIAS, JUDGE
rkc/16.01.26
CRL.MC NO. 143 OF 2026
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APPENDIX OF CRL.MC NO. 143 OF 2026
PETITIONER ANNEXURES
Annexure A A CERTIFIED COPY OF THE FIR IN CRIME
NO.762/2024 OF THE EDAVANNA POLICE STATION
DATED 30-09-2024
Annexure B A CERTIFIED COPY OF THE FINAL REPORT DATED
21-11-2024 IN CRIME NO.762/2024 OF THE
EDAVANNA POLICE STATION
Annexure C THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT
DATED 22-12-2025
Annexure D THE AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT
DATED 22-12-2025
Annexure E THE AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT
DATED 22-12-2025
Annexure F THE AFFIDAVIT EXECUTED BY THE 6TH RESPONDENT
DATED 22-12-2025
Annexure G THE AFFIDAVIT EXECUTED BY THE 7TH RESPONDENT
DATED 22-12-2025
Annexure H THE AFFIDAVIT EXECUTED BY THE 8TH RESPONDENT
DATED 22-12-2025
