[Cites 2, Cited by 0]
Kerala High Court
Muhammed Fayis vs Athun Ram K on 7 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:572
CRL.MC NO. 11406 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. 11406 OF 2025
CRIME NO.1106/2018 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1018 OF 2024
OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY I, KOZHIKODE
PETITIONER/ACCUSED NO.2:
MUHAMMED FAYIS ,
AGED 25 YEARS
S/O NASAR, NAFEESA MANZIL, KALLUNIRA PARAMBATH
MAYYANNUR P.O., VATAKARA, KOZHIKODE, PIN - 673542
BY ADV SMT.K.REEHA KHADER
RESPONDENTS/ DE FACTO COMPLAINANT:
1 ATHUN RAM K ,
AGED 25 YEARS
S/O KUNJI RAMAN, KANDIYIL (H), GEETHABHAVAN
MAYYANNUR P.O., VATAKARA, KOZHIKODE, PIN - 673542
2 VAISHNAV,
AGED 27 YEARS
S/O DINESHAN, KANDIYIL (H), MAYYANNUR P.O.
VATAKARA, KOZHIKODE, PIN - 673542
3 SREEJITH
AGED 37 YEARS
S/O SREEDHARAN, KUNIYIL (H), MAYYANNUR P.O.
VATAKARA, KOZHIKODE, PIN - 673542
2026:KER:572
CRL.MC NO. 11406 OF 2025
2
4 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN-682031
BY ADV SRI.O.T.JABISH
P.P. SRI. M.P. PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2026:KER:572
CRL.MC NO. 11406 OF 2025
3
ORDER
Dated this the 7th day of January, 2026
The petitioner is the 2nd accused in
S.C.No.1018/2024 on the file of the Sessions Court,
Kozhikode (Trial Court), which has originated from
Crime No.1106/2018 registered by the Badakara Police
Station, Kozhikode alleging the commission of the
offences punishable under Sections 143, 147, 148, 341,
323, 324, 294(b), 506(ii) and 308 r/w Section 149 of the
Indian Penal Code.
2. The petitioner has 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 petitioner and the respondents 1 to 3, who
have executed Annexure 4(a) to 4(c) affidavits, affirming
the settlement.
2026:KER:572
CRL.MC NO. 11406 OF 2025
3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the respondents 1 to 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 1 to 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 of
settlement between the parties have been authoritatively
laid down by Hon'ble Supreme Court, in Gian Singh v.
2026:KER:572
CRL.MC NO. 11406 OF 2025
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 of the proceedings would merely burden the
judicial process without advancing the cause of justice.
2026:KER:572
CRL.MC NO. 11406 OF 2025
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 1 final report, Annexure 3 FIR and all further
proceedings in S.C. No. 1018/2024 of the Trial Court, as
against the petitioner, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm7/1/2026
2026:KER:572
CRL.MC NO. 11406 OF 2025
APPENDIX OF CRL.MC NO. 11406 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1106 OF 2018 OF VATAKARA POLICE
STATION, KOZHIKODE, PRODUCED AS ANNEXURE
Annexure 2 THE CERTIFIED COPY OF THE MEMORANDUM OF
EVIDENCE IN CRIME NO. 1106 OF 2018 OF
VATAKARA POLICE STATION, KOZHIKODE,
PRODUCED AS ANNEXURE 2
Annexure 3 A CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1106 OF 2018 OF
VATAKARA POLICE STATION, KOZHIKODE, DATED
29.11.2018 IS PRODUCED AS ANNEXURE 3
Annexure 4(a) THE AFFIDAVIT DULY SIGNED BY THE 1ST
RESPONDENT DATED 28.11.2025 IS PRODUCED
AS ANNEXURE 4(A)
Annexure 4(b) THE AFFIDAVIT DULY SIGNED BY THE 2ND
RESPONDENT DATED 28.11.2025 IS PRODUCED
AS ANNEXURE 4(B)
Annexure 4(c) THE AFFIDAVIT DULY SIGNED BY THE 3RD
RESPONDENT DATED 28.11.2025 IS PRODUCED
AS ANNEXURE 4(C)
