[Cites 4, Cited by 0]
Kerala High Court
Suresh V.L vs State Of Kerala on 30 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:7595
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. 465 OF 2026
CRIME NO.1182/2023 OF Cheranelloor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.52 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III(MOBILE), ERNAKULAM
PETITIONERS/ACCUSED 1 AND 2:
1 SURESH V.L,
AGED 53 YEARS
S/O LAKSHMANAN, RESIDING AT VELLIYATH VEETIL,
PANDIT KARUPPAN ROAD,
EDAYAKUNNAM, CHERANELLOR VILLAGE,
ERNAKULAM, PIN - 682034
2 REDHUL V.R,
AGED 29 YEARS
S/O REGHU V.L, VELIYATH HOUSE 145,
PANDIT KURUPPAN ROAD, ERNAKULAM, PIN - 682034
3 VYSHAK V.R,
AGED 25 YEARS
S/O REGHU V.L, VELIYATH HOUSE 145,
PANDIT KURUPPAN ROAD, ERNAKULAM, PIN - 682034
BY ADVS.
SHRI.ASHISH GOPAL K G
SRI.T.G.SUNIL (PERUMBAVOOR)
SHRI.SYAM K.P.
SHRI.P.MUHAMMED SHIYAS
SMT.POOJA K.
SMT.VINIMOL V.S.
SMT.JENY AUGUSTIAN
CRL.MC NO. 465 OF 2026 2
2026:KER:7595
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SOORAJ DINESHAN,
AGED 27 YEARS
S/O DINESHAN, RESIDING AT VALIYAPARAMBU HOUSE,
CHANTHU MASTER ROAD , VISHNUPURAM,
CHERANALLOOR, ERNAKULAM, PIN - 682034
BY ADVS.
SHRI.T.M.MANU
SHRI.ANTONY NIKHIL REMELO
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30.01.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 465 OF 2026 3
2026:KER:7595
Dated this the 30th day of January, 2026
ORDER
The petitioners are accused Nos. 1 to 3 in
C.C.No.52/2025 on the file of the Court of the Judicial
First Class Magistrate-III (Mobile), Ernakulam ('Trial
Court', for short), which has originated from Crime No.
1182/2023 registered by the Cheranalloor Police Station,
alleging the commission of the offences punishable under
Sections 294(b), 323 and 506 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 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 III
affidavit, affirming the settlement.
CRL.MC NO. 465 OF 2026 4
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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 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
party 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 the Hon'ble Supreme Court
in Gian Singh v. State of Punjab [(2012) 10 SCC 303],
CRL.MC NO. 465 OF 2026 5
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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
2026:KER:7595
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 I FIR, Annexure II Final Report in
Crime No. 1182/2023 of the Cheranalloor Police Station
and all further proceedings in C.C. No. 52/2025 of the
Trial Court, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS, JUDGE
mtk
2026:KER:7595
APPENDIX OF CRL.MC NO. 465 OF 2026
PETITIONER ANNEXURES
Annexure I THE CERTIFIED COPIES OF FIR DATED
20.08.2023 IN CRIME NO.1182 OF 2023
REGISTERED BY THE CHERANALLOOR POLICE
STATION, ERNAKULAM DISTRICT AND THE FIS
COMPLAINT GIVEN BY THE DEFACTO
COMPLAINANT
Annexure II THE CERTIFIED COPIES OF FINAL REPORT
SUBMITTED BY THE CHERANALLOOR POLICE
STATION AS CC NO. 52 OF 2025 PENDING
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, ERNAKULAM
Annexure III THE AFFIDAVIT DATED 11.01.2026 SIGNED BY
