[Cites 3, Cited by 0]
Kerala High Court
Akhil Chandran S R vs State Of Kerala on 25 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2405 OF 2026
1
2026:KER:26470
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. 2405 OF 2026
CRIME NO.193/2026 OF Vattiyoorkavu Police Station,
Thiruvananthapuram
PETITIONER/S:
1 AKHIL CHANDRAN S R,
AGED 33 YEARS
S/O SATHEESH CHANDRAN, RESIDING AT MARANCODE,
CHEENIVILA VEEDU, ANRA 88, VATTIYOORKAVU P.O
THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURAM DISTRICT,
PIN - 695013
2 ATHUL CHANDRAN S R,
AGED 33 YEARS
S/O SATHEESH CHANDRAN,RESIDING AT MARANCODE, CHEENIVILA
VEEDU, ANRA 88, VATTIYOORKAVU P.O THIRUVANANTHAPURAM
TALUK THIRUVANANTHAPURAM DISTRICT, PIN - 695013
3 JITHU S.L,
AGED 33 YEARS
S/O LATHA KUMARI, RESIDING AT TC 38/2402-1, MARANCODE,
ARAPPURA, VATTIYOORKAVU P.O THIRUVANANTHAPURAM TALUK
THIRUVANANTHAPURAM DISTRICT, PIN - 695013
4 SOORAJ S S,
AGED 29 YEARS
S/O SELVARAJ,TC 6/661, AJANTHA NAGAR VATTIYOORKAVU P.O
THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURAM DISTRICT,
PIN - 695013
5 MIDHUN T,
AGED 30 YEARS
S/O THAMPI S, TC 36/1130, NALLIYOORKONAM LANE
VATTIYOORKAVU P.O THIRUVANANTHAPURAM TALUK
THIRUVANANTHAPURAM DISTRICT, PIN - 695013
CRL.MC NO. 2405 OF 2026
2
2026:KER:26470
BY ADVS.
SHRI.MOHAMMED MUSHTHAQ S.
SHRI.NAHAS H.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 ANUVINDH SASHI
AGED 28 YEARS
S/O AK SASHIKUMAR , RESIDING AT PUTTEN PURAYIL HOUSE,
PTP NAGAR, P.O TALUK, THIRUVANANTHAPURAM, PIN - 695013
3 ANANDHU MV,
AGED 26 YEARS
S/O VIJAYAKUMAR R , NANDANAM, KV NAGAR, PURAVOORKONAM,
KARAKULAM P.O, KARAKULAM VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
BY ADV SHRI.JAYAPRAKASH R.
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
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. 2405 OF 2026
3
2026:KER:26470
C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2405 of 2026
-----------------------------------------------
Dated this the 25th day of March, 2026
ORDER
The petitioners are the accused 1 to 5 in Crime
No.193/2026, registered by the Vattiyoorkavu Police
Station, Thiruvananthapuram, alleging the commission of
the offences punishable under Sections126(2), 118(1) and
110 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 Surksha Sanhita, 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
respondents 2 and 3, who have executed Annexures-A2
and A3 affidvits, affirming the settlement.
CRL.MC NO. 2405 OF 2026
2026:KER:26470
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 submit 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 of
settlement between the parties have been authoritatively
CRL.MC NO. 2405 OF 2026
2026:KER:26470
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 of the proceedings would merely burden the
CRL.MC NO. 2405 OF 2026
2026:KER:26470
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 and all further proceedings in Crime
No.193/2026, registered by the Vattiyoorkavu Police
Station, Thiruvananthapuram, as against the petitioners
are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
CRL.MC NO. 2405 OF 2026
2026:KER:26470
APPENDIX OF CRL.MC NO. 2405 OF 2026
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FIR ALONG WITH FIS
DATED 23.02.2026 IN CRIME NO. 193/2026 OF THE
VATTIYOORKAVU POLICE STATION
Annexure A2 THE ORIGINAL AFFIDAVIT DATED 28.02.2026 SWORN
BY THE 2ND RESPONDENT
Annexure A3 THE ORIGINAL AFFIDAVIT DATED 28.02.2026 SWORN
BY THE 3RD RESPONDENT
