[Cites 4, Cited by 0]
Kerala High Court
Muhammed Ajinas vs Vijinlal on 16 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 11104 OF 2025
1
2026:KER:3615
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. 11104 OF 2025
CRIME NO.1023/2018 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.127 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA
PETITIONER/S:
1 MUHAMMED AJINAS,
AGED 26 YEARS
S/O ASHARAF, MAYYANNUR THAREMMAL (H) MAYYANNUR PO,
VATAKARA,KOZHIKKODE, KERALA, PIN - 673542
2 ARFAS,
AGED 26 YEARS
S/O ABOOBAKKAR, THATTARATH MEETHAL (H),MAYYANNUR PO,
VATAKARA,KOZHIKKODE, KERALA, PIN - 673542
BY ADV SMT.K.REEHA KHADER
RESPONDENT/S:
1 VIJINLAL,
AGED 30 YEARS
S/O ANIL KUMAR, PILAVULLATHIL (H), MAYYANNUR P O,
VATAKARA,KOZHIKKODE, KERALA, PIN - 673542
2 VAISHNAV,
AGED 30 YEARS
S/O VIJAYAN, EENGOLI (H), MAYYANNUR P O,V ATAKARA,
KOZHIKKODE, KERALA, PIN - 673542
3 STATE OF KERALA,
REPRESENTED BY BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
CRL.MC NO. 11104 OF 2025
2
2026:KER:3615
BY ADV SRI.O.T.JABISH
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. 11104 OF 2025
3
2026:KER:3615
C.S.DIAS, J.
------------------------------------------
Crl.M.C. No.11104 OF 2025
--------------------------------------------
Dated this the 16th day of January, 2026
ORDER
The petitioners are the accused 1 and 3 in CC
No.127/2025 on the file of the Court of the Judical First
Class Magistrate, Vatakara, which has originated from
Crime No.1023/2018, registered by the Vatakara Police
Station, Kozhikode, alleging the commission of the
offences punishable under Sections 143, 147, 148, 341,
323 and 324 read with 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 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
CRL.MC NO. 11104 OF 2025
2026:KER:3615
respondents 1 and 2, who have executed Annexures 3(a)
and 3(b) 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 1 and 2.
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 1 and 2 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. 11104 OF 2025
2026:KER:3615
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 not
heinous or of a serious nature; no public interest or
CRL.MC NO. 11104 OF 2025
2026:KER:3615
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,
Annexures-1 final report and all further proceedings in CC
No.127/2025 on the file of the Court of the Judical First
Class Magistrate, Vatakara, as against the petitioners are
hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/16.01.26
CRL.MC NO. 11104 OF 2025
2026:KER:3615
APPENDIX OF CRL.MC NO. 11104 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1023 OF 2018 OF VATAKARA POLICE
STATION, KOZHIKODE, WHICH IS NOW PENDING AS
CC NO. 127/2025 BEFORE THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT, VATAKARA
Annexure 2 A TRUE COPY OF THE STATEMENT OF 1ST
RESPONDENT IN CRIME NO.1023 OF 2018 OF
VATAKARA POLICE STATION, KOZHIKODE DATED
05.11.2018
Annexure 3(a) THE AFFIDAVIT DULY SIGNED BY THE 1ST
RESPONDENT DATED 28.11.2025
Annexure 3(b) THE AFFIDAVIT DULY SIGNED BY THE 2ND
RESPONDENT DATED 28.11.2025
