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Kerala High Court
Riyas K.T vs State Of Kerala on 23 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 10869 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
CRL.MC NO. 10869 OF 2025
CRIME NO.597/2024 OF Aroor Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.740 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA
PETITIONER/S:
1 RIYAS K.T,
AGED 46 YEARS
S/O. KUNJU MUHAMMED, THEKKE OOTUKULAM
HOUSE,AROOKUTTY,VADUTHALA JETTY P.O, ALAPPUZHA,, PIN -
688535
2 SIYAD,
AGED 32 YEARS
S/O SEETHI, SIYAD MANZIL HOUSE,
PANAVALLY,THRICHATTUKULAM P.O,ALAPPUZHA,, PIN - 688581
3 NIYAS,
AGED 33 YEARS
S/O. NAZAR, LAILA MANZIL HOUSE,AROOKUTTY, AROOKUTTY
P.O, ALAPPUZHA,, PIN - 688535
4 ARUMUKHAM,
AGED 40 YEARS
S/O. KUMARAYYA,DOOR NO.6/1, LITTLE FLOWER GARDEN
HOUSE,THELUGUPALAYAM, COIMBATORE DISTRICT, TAMIL NADU.,
PIN - 641039
BY ADV SRI.V.S.MANSOOR
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
CRL.MC NO. 10869 OF 2025
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KERALA KOCHI, PIN - 682031
2 GOVINDARAJ,
AGED 57, S/O. ACHUTHAN, GOVINDA BHAVAN, THURAVOOR,
ALAPPUZHA,MANAGER OF KUNNATH FINANCE, NEAR AROOR
CHURCH,ALAPPUZHA, PIN - 688532
BY ADV SRI.D.VIMAL DEV
PP SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10869 OF 2025
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 10869 OF 2025
------------------------------------------------
Dated this the 23rd day of January, 2026
ORDER
The petitioners are the accused in CC No.740/2024
on the file of the Court of the Judicial Magistrate of First
Class-II, Cherthala (Trial Court), which has originated
from Crime No.597/2024, registered by the Aroor Police
Station, Alappuzha, alleging the commission of the
offences punishable under Sections 420 and 406 read with
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 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 2nd
respondent, who has executed Annexure A3 affidavit,
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affirming the settlement.
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 petitioners are habitual offenders. There
are four cases registered against each one of them.
Therefore, this Court may not exercise its inherent powers
in favour of the petitioners.
6. The scope and ambit of the inherent powers of this
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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. In Laxmi Narayan's case (surpa), the
Honourable Supreme Court has emphatically held that if
the accused has antecedents, this Court shall not exercise
its inherent powers in favour of such an accused.
7. In light of the law laid down in Laxmi Narayan's
case and the fact that the petitioners are habitual
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offenders, I am not inclined to exercise the inherent
powers of this Court under Section 528 of the BNSS in
favour of the petitioners.
In the result, the Crl.M.C. is dismissed, but by
reserving the right of the petitioners to raise all their
contentions before the Trial Court.
sd/-
C.S.DIAS, JUDGE
rkc/23.01.26
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APPENDIX OF CRL.MC NO. 10869 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR NO. 597/2024 OF
AROOR POLICE STATION, ALAPPUZHA DISTRICT
ALONG WITH THE FIRST INFORMATION STATEMENT OF
THE 2ND RESPONDENT
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C
NO. 740/2024 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, CHERTHALA, ALAPPUZHA
Annexure A3 THE RESPONDENT NO.2 HAS SWORN AFFIDAVIT
EXPRESSING HIS DESIRE TO COMPOUND THE CASE
