[Cites 4, Cited by 0]
Kerala High Court
Pranav vs State Of Kerala on 25 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2362 OF 2026
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2026:KER:26432
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. 2362 OF 2026
CRIME NO.1076/2019 OF Kurathikadu Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.51 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA
PETITIONER/S:
1 PRANAV,
AGED 31 YEARS
S/O PRADEEP, RESIDING AT PRADEEP VIHAR, CHERUKUNNAM
MURI, THEKKEKARA VILLAGE, ALAPPUZHA DISTRICT, PIN -
690107
2 NANDU,
AGED 29 YEARS
S/O SANTHOSH, RESIDING AT NADAYIL VADAKETHIL HOUSE,
CHERUKUNNAM MURI, THEKKEKARA VILLAGE, ALAPPUZHA
DISTRICT, PIN - 690107
3 VISHNU PRASAD,
AGED 33 YEARS
S/O SIVANKUTTY NAIR, RESIDING AT VARAMBATHANATH
THARAYIL HOUSE, CHERUKUNNAM MURI, THEKKEKARA VILLAGE,
ALAPPUZHA DISTRICT, PIN - 690107
BY ADVS.
SHRI.N.C.MOHANAN
SHRI.AKSHAY VENU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
CRL.MC NO. 2362 OF 2026
2
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ERNAKULAM, PIN - 682031
2 BIJU,
AGED 41 YEARS
S/O KOCHU KITTAN, 'BICHU BHAVANAM', UMBERNAD,
THEKKEKARA, KURATHIKADU, ALAPPUZHA DISTRICT, PIN -
690107
BY ADV SHRI.SACHIN GEORGE ARAMBAN
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. 2362 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2362 OF 2026
-----------------------------------------------
Dated this the 25th day of March, 2026
ORDER
The petitioners are the accused 1 to 3 in CC
No.51/2020 on the file of the Court of the Judicial First
Class Magistrate-I, Mavelikkara, which has originated
from Crime No.1076/2019, registered by the Kurathikadu
Police Station, Alappuzha, alleging the commission of the
offences punishable under Sections 294(b), 341, 323, 324,
326 and 506(i) read with Section 34 of the Indian Penal
Code, 1860.
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
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respondent, who has executed Annexure-A3 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.
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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
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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 in CC No.51/2020 on the file of the
Court of the Judicial First Class Magistrate-I, Mavelikkara,
as against the petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
CRL.MC NO. 2362 OF 2026
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APPENDIX OF CRL.MC NO. 2362 OF 2026
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R. IN CRIME NO.
1076 OF 2019 OF KURATHIKADU POLICE STATION
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 1076 OF 2019 OF KURATHIKADU POLICE
STATION
Annexure A3 THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
DATED 19.02.2026
