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Kerala High Court
Benny John vs State Of Kerala on 7 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:573
CRL.MC NO. 5279 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
CRL.MC NO. 5279 OF 2025
CRIME NO.517/2023 OF Mala Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1711 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONERS/ACCUSED 1 TO 10:
1 BENNY JOHN,
AGED 53 YEARS
S/O JOHNY, AINIKKAL VEEDU, KUNDOOR DESOM,
THIRUMUKKULAM VILLAGE, THRISSUR DISTRICT,, PIN -
680734
2 K T BENNY,
AGED 62 YEARS
S/O THOMAS, KALAPPURAKKAL VEEDU, MALA DESOM, VADAMA
VILLAGE, THRISSUR DISTRICT,, PIN - 627939
3 JOHNY,
AGED 65 YEARS
S/O VARGHEES, CHENGINIYADAN VEEDU, IRANIKKULAM, DESOM
KAKKULISSERY VILLAGE, THRISSUR DISTRICT,, PIN -
627917
4 JOSE,
AGED 64 YEARS
S/O VAREED, CHENGINIYADAN VEEDU, KUZHOOR, DESOM
THIRUMUKKULAM VILLAGE, THRISSUR DISTRICT,, PIN -
627918
5 JUSTIN
AGED 48 YEARS
S/O DAVIS, KAVALAKKATTU VEEDU, VADAMA DESOM, VADAMA
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CRL.MC NO. 5279 OF 2025
2
VILLAGE, THRISSUR DISTRICT,, PIN - 680732
6 ANEESH K T
AGED 39 YEARS
S/O THANKAPPAN, CHENATTU VEEDU, MALA PALLIPURAM,
DESOM, KURUVILLASSERY VILLAGE, THRISSUR DISTRICT,,
PIN - 680732
7 ARUNJOHNY
AGED 39 YEARS
S/O JOHNY, IRANUKKULAM, KUZUR DESOM, KAKKULISSERY
VILLAGE, THRISSUR DISTRICT, PIN - 680734
8 ANCHAN ALI MIAH
AGED 35 YEARS
S/O SIRAJUL MIAH, GAYABARI, SHILDANCA, GHOKSADANGA,
COOCH BEHAR, WEST BENGAL,, PIN - 736157
9 KOUSHIK PRADANI
AGED 30 YEARS
S/O NAGULPRADHANI, MAANPUR MALIPADA TUMUDIBANDHA,
KANDHAMAL, ODISHA,, PIN - 762107
10 RATNAGAR BISHOY
AGED 35 YEARS
S/O INGRAGI BISHOY, DALISAPATA, BENARABAHAL,
KANDHAMAL, ODISHA,, PIN - 762107
BY ADVS.
SRI.ARUN ASHOK
SMT.ANASWARA K.P.
RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 JOSEPH BIJU
AGED 55 YEARS
S/O CLEETUS,PADAMATTUMMAL HOUSE,THEKKENAALUVAZHI,
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CRL.MC NO. 5279 OF 2025
3
POYYA VILLAGE, POYYA P.O,THRISSUR DISTRICT,, PIN -
680733
BY ADV SMT.NEENA JAMES
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 5279 OF 2025
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ORDER
Dated this the 07th day of January, 2026
The petitioners are the accused 1 to 10 in
C.C.No.1711/2023 on the file of the Court of the Judicial
First Class Magistrate, Chalakudy (Trial Court), which has
originated from Crime No.517/2023 registered by the Mala
Police Station, Thrissur alleging the commission of the
offences punishable under Sections 143, 147, 148, 341, 448,
506 and 109 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 2nd respondent, who has executed
Annexure IV affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
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CRL.MC NO. 5279 OF 2025
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. State
of Punjab [(2012) 10 SCC 303], State of Madhya Pradesh v.
Laxmi Narayan and Others [(2019) 5 SCC 688], Naushey Ali
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CRL.MC NO. 5279 OF 2025
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 between the parties and
restore peace. Hence, this Court is persuaded to hold that
this is a fit case to exercise its inherent jurisdiction.
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CRL.MC NO. 5279 OF 2025
In the result, the Crl. M.C. is allowed. Accordingly,
Annexure AI FIR, Annexure AII final report and all further
proceedings in C.C. No.1711/2023 of the Trial Court as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm07/01/2026
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CRL.MC NO. 5279 OF 2025
APPENDIX OF CRL.MC NO. 5279 OF 2025
PETITIONER ANNEXURES
Annexure AI A CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO. 517 OF 2023 OF THE MALA POLICE
STATION, THRISSUR DATED 22/05/2023
Annexure AII A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 517 OF 2023 OF THE MALA POLICE
STATION, THRISSUR DATED 31/10/2023
Annexure AIII A TRUE COPY OF E-COURTS PROCEEDINGS OF C.C
NO. 1711 OF 2023 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
CHALAKUDY DATED 10/06/2025
Annexure IV AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED
19/05/2025
