[Cites 3, Cited by 0]
Kerala High Court
Eldhose Biju vs State Of Kerala on 21 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 11761 OF 2025
1
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. 11761 OF 2025
CRIME NO.572/2023 OF Murikkassery Police Station, Idukki
AGAINST THE ORDER/JUDGMENT DATED 30.11.2023 IN ST
NO.2482 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
IDUKKI
PETITIONERS/ACCUSED 1 TO 4:
1 ELDHOSE BIJU,
AGED 22 YEARS
S/O BIJU, MEKKATTIL ,THOTTIKKANAM, MULAKUVALLY
P.O,IDUKKI DISTRICT, PIN - 685602
2 SHINTO JOHNSON,
AGED 24 YEARS
S/O JOHNSON, KALATHOOR,MULAKUVALLY P.O
KOKKARAKKULAM, IDUKKI DISTRICT, PIN - 685602
3 ADVIN JOSE,
AGED 21 YEARS
S/O JOSE,VELAMKUNNEL,UPPUTHODU P.O,UPPUTHODU,
IDUKKI DISTRICT, PIN - 685604
4 ALPHIN V JAMES,
AGED 21 YEARS
S/O JAMES JOHN, VATTAPPARAMBIL RAJAPURAM,
PERIYARAVALLEY, IDUKKI DISTRICT, PIN - 685604
BY ADV SHRI.STEPHY K REGI
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
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CRL.MC NO. 11761 OF 2025
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1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
MURICKASSERY POLICE STATION, IDUKKI DISTRICT -
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM -682 031, PIN - 685604
3 IBRAHIMKUTTY ASHRAF,
AGED 24 YEARS
S/O ASHRAF , KULATHINKAL HOUSE,THADIYAMPADU, IDUKKI
DISTRICT, PIN - 685602
4 BASIL RENNY,
AGED 21 YEARS
S/O RENNY , CHERAKKAKUDI HOUSE,
THEKKINTHANDU,RAJAPURAM,VATHIKUDY IDUKKI DISTRICT,
PIN - 685604
5 SARATH PRASAD,
AGED 26 YEARS
S/O AJITH PRASAD , KOLANCHIRA, LAKSHAM KAVALA,
MANIYARANKUDY P.O,IDUKKI DISTRICT, PIN - 685602
BY ADV SMT.SHAHANAS SALMA ABBAS
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. 11761 OF 2025
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ORDER
Dated this the 21st day of January, 2026
The petitioners are the accused 1 to 4 in
S.T.No.2482/2023 on the file of the Court of the Judicial
First Class Magistrate-I, Idukki (Trial Court), which has
originated from Crime No.572/2023 registered by the
Murikkassery Police Station, Idukki alleging the
commission of the offences punishable under Sections
294(b) and 323 r/w Section 34 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
respondents 3 to 5, who have executed Annexures A3 to
A5 affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for the
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CRL.MC NO. 11761 OF 2025
petitioners, the learned Public Prosecutor, and the
learned Counsel for the respondents 3 to 5.
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 3 to 5 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.
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
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CRL.MC NO. 11761 OF 2025
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 settlement would promote harmony
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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 FIR, Annexure A2 final report and all
further proceedings in S.T. No. 2482 of 2023 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. 11761 OF 2025
APPENDIX OF CRL.MC NO. 11761 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIRST INFORMATION REPORT
ALONG WITH STATEMENT DTD. 04.11.2023 IN
CR. 572 OF 2023 OF MURICKASSERY POLICE
STATION, IDUKKI DISTRICT
Annexure A2 TRUE COPY OF FINAL REPORT DTD 30.11.2023
S.T. NO. 2482 OF 2023 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, IDUKKI, ARISING
FROM CRIME NO. 572 OF 2023 OF
MURICKASSERY POLICE STATION, IDUKKI
DISTRICT
Annexure A3 ORIGINAL AFFIDAVIT DTD.13.12.2025 SWORN
TO BY 3RD RESPONDENT
Annexure A4 ORIGINAL AFFIDAVIT DTD. 13.12.2025 SWORN
TO BY 4TH RESPONDENT
Annexure A5 ORIGINAL AFFIDAVIT DTD. 13.12.2025 SWORN
TO BY 5TH RESPONDENT
