[Cites 3, Cited by 0]
Kerala High Court
Mahesh.P vs State Of Kerala on 19 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 166 OF 2026
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2026:KER:4165
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
CRL.MC NO. 166 OF 2026
CRIME NO.695/2025 OF Thaliparamba Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.882 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
PETITIONER/S:
1 MAHESH.P,
AGED 40 YEARS
PATTAMMADATHIL HOUSE, TRICHAMBARAM, TALIPARAMBA.P.O,
TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT,
PIN - 670141
2 SANTHOSH.K,
AGED 48 YEARS
KUNDUMKARA HOUSE, COURT ROAD, TALIPARAMBA.P.O,
TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT,
PIN - 670141
3 PRAJEESH.K,
AGED 34 YEARS
KUNDUMKARA HOUSE, COURT ROAD, TALIPARAMBA.P.O,
TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.,
PIN - 670141
4 SREEKANTH.P,
AGED 35 YEARS
PARAMBATH HOUSE, TRICHAMBARAM, TALIPARAMBA.P.O,
TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.,
PIN - 670141
BY ADVS.
SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
SRI.M.VIVEK RABINDRANATH
MS.GAYATHRI C.H.
CRL.MC NO. 166 OF 2026
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RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 YADU SANTH (MINOR),
AGED 17 YEARS
KARTHYA NILAYAM HOUSE, TALIPARAMBA AMSOM, KEEZHATOOR
DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT, REPRESENTED
BY HIS GUARDIAN AND MOTHER SINI SANTHOSH, W/O SANTHOSH
KUMAR, AGED 44 YEARS, KARTHYA NILAYAM HOUSE,
TALIPARAMBA AMSOM, KEEZHATOOR DESOM, TALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670141
3 NIVED RAJEEVAN,
AGED 18 YEARS
GOVARDHANAM HOUSE, VELIPPARA, KARIMBAM.P.O, TALIPARAMBA
AMSOM, TALIPARAMBA TALUK, DSITRICT., PIN - 670142
4 ARJUN PRADEEP (MINOR),
AGED 17 YEARS
THIRUVATHIRA HOUSE, VELLIKKEEL, ARIYIL.P.O, PATTUVAM
AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT, REPRESENTED
BY HIS GUARDIAN AND MOTHER SANDHYA PRADEEP, W/O
PRADEEPAN.E, AGED 44 YEARS, THIRUVATHIRA HOUSE,
VELLIKKEEL, ARIYIL.P.O, PATTUVAM AMSOM, TALIPARAMBA
TALUK, KANNUR DISTRICT, PIN - 670143
5 RISHABH GIREESH (MINOR),
AGED 17 YEARS
KUNDATHIL HOUSE,MULLOOL, PATTUVAM.P.O, PATTUVAM AMSOM,
TALIPARAMBA TALUK, KANNUR DISTRICT- 670143REPRESENTED
BY HIS GUARDIAN AND FATHER: GIREESH KUMAR, S/O KANNAN,
AGED 51 YEARS, KUNDATHIL HOUSE, MULLOOL, PATTUVAM.P.O,
PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN
- 670143
6 ASHITH GOPINATH,
AGED 18 YEARS
YESODHARA HOUSE, PARIYARAM.P.O, PARIYARAM AMSOM, TALUK,
KANNUR DISTRICT, PIN - 670502
BY ADV SMT.T.K.SNEHASREE
CRL.MC NO. 166 OF 2026
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OTHER PRESENT:
PP SRI M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 166 OF 2026
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C.S.DIAS, J.
------------------------------------------
Crl.M.C. No. 166 of 2026
--------------------------------------------
Dated this the 19th day of January, 2026
ORDER
The petitioners are the accused 1 to 4 in CC
No.882/2025 on the file of the Court of the Judicial First
Class Magistrate, Taliparamba, which has originated from
Crime No.695/2025, registered by the Taliparamba Police
Station, Kannur, alleging the commission of the offences
punishable under Sections 189(2), 191(2), 126(2), 115(2),
118(1) and 351(2) 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
CRL.MC NO. 166 OF 2026
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respondents 2 to 6. The guardians of respondents 2, 4 and
5 and respondents 3 and 6 have personally executed
Annexures A3 to A7 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 2 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 2 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.
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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
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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-A1 FIR, A2 final report and all further
proceedings in CC No.882/2025 on the file of the Court of
the Judicial First Class Magistrate, Taliparamba, as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/19.01.26
CRL.MC NO. 166 OF 2026
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APPENDIX OF CRL.MC NO. 166 OF 2026
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 695/
2025 OF TALIPARAMBA POLICE STATION ALONG WITH
STATEMENT OF THE DEFACTO COMPLAINANT, DATED
22.5.2025
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT, WITH MEMO
OF EVIDENCE AND STATEMENT OF WITNESSES IN
CRIME NO. 695/2025 OF TALIPARAMBA POLICE
STATION, NOW PENDING AS C.C.NO.882/2025 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT,
TALIPARAMBA, DATED 30.6.2025
Annexure A3 THE AFFIDAVIT SWORN BY THE GUARDIAN OF THE
2ND RESPONDENT DATED 28-10-2025
Annexure A4 AFFIDAVIT SWORN BY THE RESPONDENT NO.3 DATED
28-10-2025
Annexure A5 THE AFFIDAVIT SWORN BY THE GUARDIAN OF
RESPONDENT NO.4 DATED 28-10-2025
Annexure A6 THE AFFIDAVIT SWORN BY THE GUARDIAN OF
RESPONDENT NO.5 DATED 28-10-2025
Annexure A7 AFFIDAVIT SWORN BY THE RESPONDENT NO.6 DATED
28-10-2025.
