[Cites 3, Cited by 0]
Kerala High Court
Akshay Sukumaran vs State Of Kerala on 20 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 10022 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
CRL.MC NO. 10022 OF 2025
CRIME NO.924/2025 OF Irinjalakuda Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.148 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
PETITIONER/S:
1 AKSHAY SUKUMARAN,
AGED 25 YEARS
S/O. SUKUMARAN,KOTTICKAL HOUSE, AIMURY, KOOVAPPADY P.O.,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683544
2 SUKUMARAN,
AGED 60 YEARS
S/O. SREEDHARAN,KOTTICKAL HOUSE, AIMURY, KOOVAPPADY
P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683544
BY ADVS.
SHRI.JERRY PETER
SHRI.AKSHAY SANTHOSH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 VISHNUDAS,
AGED 32 YEARS
S/O. RAVEENDRADAS, VENNIKAL (H), NADUVILAL, MADAYIKONAM
P.O., THRISSUR DISTRICT, PIN - 680712
3 RAVEENDRADAS,
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AGED 64 YEARS
S/O. VELAYUDHAN,VENNIKAL (H), NADUVILAL, MADAYIKONAM
P.O., THRISSUR DISTRICT, PIN - 680712
BY ADVS.
SRI.RAJESH CHAKYAT
SMT.ATHIRA K. SALIM
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10022 OF 2025
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C.No. 10022 OF 2025
------------------------------------------------
Dated this the 20th day of January, 2026
ORDER
The petitioners are the accused in CP No.148/2025
on the file of the Court of the Judicial First Class
Magistrate-I, Irinjalakuda, which has originated from Crime
No.924/2025, registered by the Irinjalakuda Police Station,
Thrissur, alleging the commission of the offences
punishable under Sections 126(2), 115(2), 296(b), 351(2)
and 332(c) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 92(B) of the Rights of Persons
with Disabilities Act.
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
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the petitioners and the respondents 2 and 3, who have
executed Annexures A3 and A4 affidavits, affirming the
settlement. Likewise, the parties have also executed a
memorandum of settlement agreement before the High
Court Mediation Centre on 10.12.2025.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the respondents 2 and 3.
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
and 3 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.
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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 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
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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.
In the result, the Crl. M.C. is allowed. Accordingly,
Annexures-A1 FIR, A2 final report and all further
proceedings in CP No.148/2025 on the file of the Court of
the Judicial First Class Magistrate-I, Irinjalakuda, as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc/20.01.26
CRL.MC NO. 10022 OF 2025
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APPENDIX OF CRL.MC NO. 10022 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.924/2025 OF IRINJALAKUDA
POLICE STATION DATED 01.06.2025
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED
07.07.2025 IN C.P.NO.148/2025 ON THE FILE OF
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, IRINJALAKUDA ARISING OUT OF THE
CRIME NO.924/2025 OF IRINJALAKUDA POLICE
STATION
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT DATED
03.11.2025
Annexure A4 THE ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT/INJURED DATED 03.11.2025
