[Cites 5, Cited by 0]
Kerala High Court
Shubham Sharma vs State Of Kerala on 25 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 853 OF 2026
1
2026:KER:26429
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 25TH DAY OF MARCH 2026 / 4TH CHAITHRA, 1948
CRL.MC NO. 853 OF 2026
CRIME NO.170/2024 OF Idukki Police Station, Idukki
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.172 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, IDUKKI
PETITIONER/S:
1 SHUBHAM SHARMA,
AGED 25 YEARS
, S/O. NATHTHILAL SHARMA, KRISHNA DODABOMASANDRA,
VIDYARANYAPURA, BABE PERMANENT CHATUS BABA KE MANDIR KE
SAMANE, BANKNADI ROAD, GOPAL PURA, MORENA, MADHYA
PRADESH, PIN - 476001
2 DEEPAK KUMAR,
AGED 28 YEARS
, S/O. OM PRAKASH PRASAD, , PRESENTLY RESIDING AT 25/26
KRISHNA TEMPLE ROAD, DODABOMASANDRA, VIDYARANYAPURA,
BANGALORE, KARNATAKA, PERMANENT: BADRAJI, NAWADA,
BIHAR, PIN - 805106
3 RAJ GOUND,
AGED 23 YEARS
, S/O. RAM KISHORE, , PRESENTLY RESIDING AT 25/26
KRISHNA TEMPLE ROAD, DODABOMASANDRA, VIDYARANYAPURA,
BANGALORE, KARNATAKA, PERMANENT: BASTI, UTTARAPRADESH,
PIN - 272001
4 NEERAJ GURJAR,
AGED 28 YEARS
, S/O. BAIJINATH SINGH, , PRESENTLY RESIDING AT 25/26
KRISHNA TEMPLE ROAD, DODABOMASANDRA, VIDYARANYAPURA,
BANGALORE, KARNATAKA- 560097, PERMANENT: VIVAKAND
COLONY, GANESHPURA, MORENA, MADHYA PRADESH, PIN -
476001
CRL.MC NO. 853 OF 2026
2
2026:KER:26429
BY ADVS.
SHRI.B.SURJITH
SMT.RAHANA JOSE
SMT.AKSHAYA REGHU
SHRI.ANISH M.M
RESPONDENT/S:
1 STATE OF KERALA,
, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 BIJU GEORGE,
AGED 56 YEARS
, S/O GEORGE, MATTACKAL (H), CHETTIMMETTEL KAVALA
BHAGAM, VAZATHOPE, THADIYAMPADU KARA, IDUKKI VILLAGE,
IDUKKI DISTRICT, PIN - 685602
BY ADV SHRI.LIJO JOSEPH
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 853 OF 2026
3
2026:KER:26429
C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 853 OF 2026
-----------------------------------------------
Dated this the 25th day of March, 2026
ORDER
The petitioners are the accused 1 to 4 in CC
No.172/2025 on the file of the Court of the Judicial
Magistrate of First Class-I, Idukki, which has originated
from Crime No.170/2024, registered by the Idukki Police
Station, Idukki, alleging the commission of the offences
punishable under Sections 406 and 420 read with Section
34 of the Indian Penal Code, 1860 and Section 66(D) of the
Information Technology Act, 2000.
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 filing of the complaint has been
amicably settled between the petitioners and the 2nd
CRL.MC NO. 853 OF 2026
2026:KER:26429
respondent, who has executed Annexure-A4 affidavit,
affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 2nd respondent.
4. The learned counsel on either side submit that, with
the intervention of relatives and well-wishers, the parties
have resolved their disputes amicably. The 2nd 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.
CRL.MC NO. 853 OF 2026
2026:KER:26429
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 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
CRL.MC NO. 853 OF 2026
2026:KER:26429
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.
In the result, the Crl. M.C. is allowed. Accordingly,
Annexure-A1 FIR, Annexure-A2 Final Report and all
further proceedings inCC No.172/2025 on the file of the
Court of the Judicial Magistrate of First Class-I, Idukki, as
against the petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
CRL.MC NO. 853 OF 2026
2026:KER:26429
APPENDIX OF CRL.MC NO. 853 OF 2026
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 170/2024 IN IDUKKI POLICE
STATION, IN IDUKKI DISTRICT
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.172/2025 ON THE FILES OF HONOURABLE
JUDICIAL FIRST CLASS MAGISTRATE COURT - I,
IDUKKI
Annexure A3 CERTIFIED COPY OF THE ORDER TAKING COGNIZANCE
IN C.C.NO.172/2025 ON THE FILES OF HONOURABLE
JUDICIAL FIRST CLASS MAGISTRATE COURT - I,
IDUKKI
Annexure A4 ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT DATED 24.01.2026
Annexure A5 . TRUE COPY OF THE ORDER DATED 25.02.2026 IN
CRL. O.P. NO. 4445/2026 AND CRL MP NO. 3153
OF 2026, CRL MP NO. 3154 OF 2026 ON THE FILES
OF HONOURABLE HIGH COURT OF JUDICATURE AT
MADRAS
