[Cites 3, Cited by 0]
Kerala High Court
Saneesh V.G vs State Of Kerala on 30 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:7619
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
CRL.MC NO. 384 OF 2026
CRIME NO.604/2024 OF Cheranelloor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.24 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III(MOBILE), ERNAKULAM
PETITIONERS/ACCUSED 1 TO 3:
1 SANEESH V.G,
AGED 22 YEARS
S/O BALAN V.L, RESIDING AT VENATT HOUSE,
CHERANALLOOR, VISHNUPURAM,
ERNAKULAM, PIN - 682034
2 VIVEK T.V,
AGED 29 YEARS
S/O VENU, RESIDING AT VENU T.K,
THUNDIPARAMBU HOUSE, CHERANALLOOR,
VISHNUPURAM, ERNAKULAM, PIN - 682034
3 ANEESH,
AGED 38 YEARS
S/O KRISHNAN, THUNDIPARAMBU, VISHNUPURAM,
CHERANALLOOR, ERNAKULAM, PIN - 682034
BY ADVS.
SHRI.T.M.MANU
SHRI.ANTONY NIKHIL REMELO
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY REPRESENTED BY THE PUBLIC
PROSECUTOR HIGH COURT OF KERALA ,
ERNAKULAM, PIN - 682031
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2 VYSHAK V.R,
AGED 25 YEARS
S/O REGHU V.L, VELIYATH HOUSE 145,
PANDIT KURUPPAN ROAD,
ERNAKULAM, PIN - 682034
3 REDHUL V.R,
AGED 29 YEARS
S/O REGHU V.L, VELIYATH HOUSE 145,
PANDIT KURUPPAN ROAD,
ERNAKULAM, PIN - 682034
BY ADV SHRI.ASHISH GOPAL K G
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30.01.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Dated this the 30th day of January, 2025
ORDER
The petitioners are accused Nos. 1 to 3 in
C.C.No.24/2025 on the file of the Judicial First Class
Magistrate Court III (Mobile), Ernakulam, which has
originated from Crime No.604/2024 registered by the
Cheranalloor Police Station, Ernakulam District, alleging
the commission of the offences punishable under
Sections 115(2) and 126(2) read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
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 2 and 3, who have executed Annexures III
and IV affidavits, 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 respondents 2 and 3.
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
party respondents 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 the Hon'ble Supreme Court
in Gian Singh v. State of Punjab [(2012) 10 SCC 303],
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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 settlement would promote harmony
between the parties and restore peace. Hence, this Court
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is persuaded to hold that this is a fit case to exercise its
inherent jurisdiction.
In the result, the Crl. M.C.384/2026 is allowed.
Accordingly, Annexure I FIR and Annexure II Final
Report in Crime No. 604/2024 of the Cheranalloor Police
Station and all further proceedings in C.C. No. 24/2025
of the Trial Court, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
mtk
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APPENDIX OF CRL.MC NO. 384 OF 2026
PETITIONER ANNEXURES
Annexure I THE CERTIFIED COPIES OF FIR DATED
26.11.2024 IN CRIME NO.604 OF 2024
REGISTERED BY THE CHERANALLOOR POLICE
STATION, ERNAKULAM DISTRICT AND THE FIS
COMPLAINT GIVEN BY THE DEFACTO
COMPLAINANT
Annexure II CERTIFIED COPY OF FINAL REPORT SUBMITTED
BY THE CHERANALLOOR POLICE STATION AS CC
NO. 24 OF 2025 PENDING BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-
III, ERNAKULAM
Annexure III THE AFFIDAVIT SIGNED BY THE RESPONDENT
Annexure IV THE AFFIDAVIT SIGNED BY THE RESPONDENT
