[Cites 3, Cited by 0]
Kerala High Court
Devanandh vs State Of Kerala on 30 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 10614 OF 2024
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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. 10614 OF 2024
CRIME NO.128/2024 OF Padagiri Police Station, Palakkad
C.C.NO.724 OF 2024 ON THE FILE OF THE JUDICIAL MAGISTRATE OF
FIRST CLASS-I, ALATHUR
PETITIONERS/ACCUSED 1 TO 3:
1 DEVANANDH,
AGED 28 YEARS
S/O NARAYANAN, KUNDUKAD, PANTHAPARAMBU, MUDAPPALLUR,
PALAKKAD, PIN - 678705
2 AJAY,
AGED 21 YEARS
S/O GANGADHARAN, PANTHAPARAMBU, MUDAPPALLUR,
PALAKKAD, PIN - 678705
3 VISHNU,
AGED 28 YEARS
S/O RAMADASAN, PAZHIYOD, CHITTILANCHERRY, PALAKKAD,
PIN - 678704
BY ADVS.
SHRI.BASIL MATHEW
SHRI.AAROMAL THULASI
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CRL.MC NO. 10614 OF 2024
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RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 JAMSHEER,
S/O.BASHEER, NASEEMA MANZIL, PULAYAMPARA P.O.,
NELLIAMPATHY, PALAKKAD, PIN - 678508
3 MUHAMMED ALI,
PULAYAMPARA P.O., NELLIAMPATHY, PALAKKAD, PIN -
678508
BY ADV SRI.P.S.ANISHAD
OTHER PRESENT:
SR.PP.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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CRL.MC NO. 10614 OF 2024
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C.S.DIAS,J.
====================
Crl. M.C.No. 10614 of 2024
------------------------------------ --
Dated this the 30th day of January, 2026
ORDER
The petitioners are accused Nos.1 to 3 in
C.C.No.724 of 2024 on the file of the Court of the Judicial
Magistrate of First Class-I, Alathur ('Trial Court', in short),
which originates from Crime No.128 of 2024 registered by
the Padagiri Police Station, Palakkad, alleging the
commission of the offences punishable under Sections
126(2)m and 115(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
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CRL.MC NO. 10614 OF 2024
respondents 2 and 3, who have executed a joint affidavit
dated 14.10.2024, affirming the settlement.
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
respondents 2 and 3 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
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CRL.MC NO. 10614 OF 2024
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.
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
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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.
In the result, the Crl. M.C. is allowed. Accordingly,
Annexure A2 FIR and all further proceedings in C.C.No.724
of 2024 of the Trial Court, as against the petitioners, are
hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 10614 OF 2024
APPENDIX OF CRL.MC NO. 10614 OF 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE STATEMENT DATED 12-10-2024
Annexure A2 TRUE COPY OF THE F.I.R. IN CRIME NO:
128/2024 OF PADAGIRI POLICE STATION DATED
12/10/2024
Annexure A3 TRUE COPY OF THE REPORT OF THE S.I. OF
POLICE, PADAGIRI POLICE STATION DATED 15-
10-2024
Annexure A4 TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
2ND RESPONDENT DATED 14/10/2024
