[Cites 2, Cited by 0]
Kerala High Court
Nas vs State Of Kerala on 21 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:4903
CRL.MC NO. 11372 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
CRL.MC NO. 11372 OF 2025
CRIME NO.64/2020 OF Kottarakkara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.811 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA
PETITIONERS/ACCUSED 1 TO 10:
1 NAS,
AGED 38 YEARS
S/O SAINULABDHEEN, NADIYAS HOUSE, VAYAKKAL MURI,
VALAKOM P.O, KOLLAM, PIN - 691532
2 SAINULABDHEEN,
AGED 65 YEARS
S/O MUHAMMED KANNU RAWUTHER, NADIYAS HOUSE,
VAYAKKAL MURI, VALAKOM P.O, KOLLAM, PIN - 691532
3 SARATH,
AGED 36 YEARS
S/O SELVARAJ, SANTHI BHAVAN, VAYAKKAL MURI, VALAKOM
P.O, KOLLAM, PIN - 691532
4 KIRAN,
AGED 45 YEARS
S/O KRISHNAN, 'VIPANJIKA', VAYAKKAL MURI, VALAKOM
P.O, KOLLAM, PIN - 691532
5 VINEESH,
AGED 36 YEARS
S/O ANANTHAKRISHNAN, PANDAKASALA HOUSE, VAYAKKAL
MURI, VALAKOM P.O, KOLLAM, PIN - 691532
6 SASI,
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CRL.MC NO. 11372 OF 2025
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AGED 74 YEARS
S/O PACHAN, KIZHAKKUMKARA PUTHAN VEEDU,
KALAKKOTTUKONAM, VAYAKKAL MURI, VALAKOM P.O,
KOLLAM, PIN - 691532
7 GOPINATHAN PILLAI,
AGED 63 YEARS
S/O BASKARAN PILLAI, SARITHA BHAVAN,
KALAKKOTTUKONAM, VAYAKKAL MURI, VALAKOM P.O,
KOLLAM, PIN - 691532
8 MANU,
AGED 34 YEARS
S/O CHELLAPPAN, MANU VILASAM HOUSE, PERINGALLUR,
EDAMULACKAL, KOLLAM, PIN - 691306
9 BIJU,
AGED 43 YEARS
S/O THULASI, AJI MANDIRAM, VAYAKKAL MURI, VALAKOM
P.O, KOLLAM, PIN - 691532
0 SUJI,
AGED 44 YEARS
S/O SHAMSUDEEN, KIZHAKKEKARA PUTHAN VEEDU,
KIZHAKKEKARA, VAYAKKAL MURI, VALAKOM P.O, KOLLAM,
PIN - 691532
BY ADVS.
SRI.GEORGE RENOY
SHRI.AJSAL MEERAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 MURALEEDHARA WARRIER,
AGED 82 YEARS, S/O. RAMA WARRIER, THEKKEDATH
WARRIEM, VAYAKKAL MURI, VALAKOM P.O, KOLLAM, PIN -
691532
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CRL.MC NO. 11372 OF 2025
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BY ADV SHRI.ARJUN REMANAN
SR.PP. SMT. SEETHA S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 11372 OF 2025
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ORDER
Dated this the 21st day of January, 2026
The petitioners are the accused 1 to 10 in
C.C.No.811/2020 on the file of the Court of the Judicial
First Class Magistrate-I, Kottarakkara (Trial Court),
which has originated from Crime No.64/2020 registered
by the Kottarakkara Police Station, Kollam alleging the
commission of the offences punishable under Sections
143, 147, 148, 447 and 427 r/w 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
second respondent, who has executed Annexure 3
affidavit, affirming the settlement.
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CRL.MC NO. 11372 OF 2025
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the second 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 second
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
laid down by Hon'ble Supreme Court, in Gian Singh v.
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CRL.MC NO. 11372 OF 2025
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.
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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,
Annexure 1 FIR, Annexure 2 final report and all further
proceedings in C.C. No. 811/2020 of the Trial Court as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm21/01/2026
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CRL.MC NO. 11372 OF 2025
APPENDIX OF CRL.MC NO. 11372 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF FIR IN CRIME NO. 64/2020 OF
KOTTARAKARA POLICE STATION, KOLLAM
DISTRICT
Annexure 2 CERTIFIED COPY OF CHARGE SHEET IN CC NO.
811/2020 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-1, KOTTARAKKARA
Annexure 3 . AFFIDAVIT SWORN BY THE 2ND RESPONDENT/
DEFACTO COMPLAINANT DATED 2/12/25
