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Kerala High Court
Gokul Krishnan vs State Of Kerala on 20 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
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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. 11358 OF 2025
CRIME NO.1179/2023 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
IN SC NO.861 OF 2025 OF ADDITIONAL DISTRICT COURT-I/RENT
CONTROL APPELLATE AUTHORITY, MAVELIKKARA
PETITIONER/ACCUSED 1 TO 7:
1 GOKUL KRISHNAN,
AGED 33 YEARS
MALAMELKUTTIYIL VEEDU, EREZHA THEKKU MURI,
PERINGALA VILLAGE, EREZHA SOUTH P.O., ALAPPUZHA,
PIN - 690106
2 VIJAYAKUMAR @ KUMBAZHA AYYAPPAN,
AGED 47 YEARS
KUMBAZHA PUTHAN VEEDU, EREZHA THEKKU MURI,
PERINGALA VILLAGE, CHETTIKULANGARA P.O, ALAPPUZHA,
PIN - 690106
3 LAJI JOHN,
AGED 41 YEARS
NILAKKAL (H), EREZHA THEKKU MURI, PERINGALA VILLAGE,
CHETTIKULANGARA P.O, ALAPPUZHA, PIN - 690106
4 SAURAV,
AGED 29 YEARS
VADUTHALA (H), EREZHA THEKKU MURI, PERINGALA VILLAGE,
CHETTIKULANGARA P.O, ALAPPUZHA, PIN - 690106
5 VISHNU,
AGED 32 YEARS
KOPPARA THEKKATHIL (H), EREZHA THEKKU MURI,
PERINGALA VILLAGE, CHETTIKULANGARA P.O, ALAPPUZHA,
PIN - 690106
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6 ABHILASH,
AGED 46 YEARS
MALAMEL (H), EREZHA THEKKU MURI, PERINGALA VILLAGE,
EREZHA SOUTH P.O., CHETTIKULANGARA P.O, ALAPPUZHA,
PIN - 690106
7 MAHESH,
AGED 31 YEARS
KIZHAKKATHIL VEEDU, EREZHA THEKKU MURI, PERINGALA
VILLAGE, CHETTIKULANGARA P.O, ALAPPUZHA, PIN - 690106
BY ADVS.
SRI.NIRMAL V NAIR
SHRI.SHAHIN BADUSHA
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, HIGH COURT P.O., PIN - 682031
2 THUSHAR MURALI KRISHNA,
AGED 34 YEARS
RESIDING AT PUSHPATHADAM HOUSE, EREZHA SOUTH,
PERUNGALA P.O., ALAPPUZHA, PIN - 690559
BY ADV SMT.ENCIL K. SABU
SMT.SREEJA V, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 20th day of January, 2026
The petitioners are the accused 1 to 7 in
S.C.No.861/2025 on the file of the Additional Sessions Court-
I, Mavelikkara, which has arisen from Crime No.1179/2023
registered by the Kayamkulam Police Station, alleging the
commission of the offences punishable under Sections 143,
147, 148, 341, 294(b), 323, 324, 308 and 201 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 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 petitioners and the 2nd respondent, who
has executed Annexure R2(B) affidavit, affirming the
settlement.
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3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 2nd respondent.
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 2nd respondent
has no subsisting grievance and does not wish to pursue the
prosecution, and has 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.
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
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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 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
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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 First Information Report, Annexure A2 Final
Report in Crime No.1179/2023 of the Kayamkulam Police
Station and all further proceedings in S.C.No.861/2025 on
the file of the Additional Sessions Court-I, Mavelikkara, as
against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
2026:KER:4574
APPENDIX OF CRL.MC NO. 11358 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR DATED 11-11-2023 IN
CRIME NO.1179/2023 OF THE KAYAMKULAM POLICE
STATION
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 21-5-2024 IN S.C NO. 861/2025 ON THE
FILES OF THE ASSISTANT SESSIONS JUDGE-I,
MAVELIKARA
ANNEXURE A3 THE AFFIDAVIT DATED 17-11-2025 SWORN BY THE
2ND RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE R2(A) A TRUE COPY OF THE JUDGMENT DATED 20-11-
2025 IN CRL.MC NO. 9691/2025 ON THE FILES
OF THIS HONOURABLE COURT
ANNEXURE R2(B) THE AFFIDAVIT DATED 17-1-2026 SWORN BY THE
2ND RESPONDENT IN THE CRL.MC
