[Cites 4, Cited by 0]
Kerala High Court
Abdul Khadar vs State Of Kerala on 25 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2410 OF 2026
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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. 2410 OF 2026
CRIME NO.99/2019 OF Thirurangadi Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.620 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,PARAPPANANGADI
PETITIONER/S:
1 ABDUL KHADAR,AGED 55 YEARS
S/O MUHAMMEDKUTTY, CHUNDAN VEETTIL, TIRURANGHADI P.O,
MALAPPURAM, PIN - 676306
2 ANSAR,AGED 45 YEARS
S/O MUHAMMEDALI, PATTASSERY HOUSE ,TIRURANGHADI
P.O,676306
3 MASHOORALI, AGED 51 YEARS
, S/O KUNJAYI, THACHARPADIKKAL (H), TIRURANGHADI
P.O,MALAPPURAM, PIN - 676306
4 YOONAZ, AGED 36 YEARS
S/O MUHAMMEDALI, PATTASSERY (H) TIRURANGHADI P.O,
MALAPPURAM, PIN - 676306
5 MOIDHEENKUTTY, AGED 51 YEARS
S/O KUNJMAMMAED HAJI, KONKANDAN (H), TIRURANGHADI P.O,
MALAPPURAM, PIN - 676306
6 AHAMMEDKOYA, AGED 57 YEARS
S/O ABDULLA,VADAKKETHALA (H), TIRURANGHADI P.O,
MALAPPURAM, PIN - 676306
7 ABDUL RASHEED, AGED 45 YEARS
S/O KUNJAALI, THACHARPADIKKAL (H), TIRURANGHADI P.O,
MALAPPURAM, PIN - 676306
8 ANSAR, AGED 55 YEARS
CRL.MC NO. 2410 OF 2026
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CHUNDANVEETTIL ,TIRURANGHADI P.O, PIN - 676306
BY ADVS.
SRI.NAVANEETH.N.NATH
SMT.ABHIRAMI S.
SHRI.ABDUL LATHEEF P.M.
SMT.KRUPA SAJI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA , ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
TIRURANGADI POLICE STATION,CHEMMAD,
TIRURANGADI,MALAPPURAM DISTRICT, PIN - 676306
3 SHAMSUDHEEN, AGED 48 YEARS
S/O ALAVI HAJI,NOW RESIDING AT METHUVIL NALAKATH
HOUSE,CHEMMAD,TIRURANGADI P.O MALAPPURAM DISTRICT, PIN
- 676306
4 ABDU SALAM, AGED 53 YEARS
S/O ALAVI HAJI,NOW RESIDING AT METHUVIL NALAKATH
HOUSE,CHEMMAD,TIRURANGADI P.O MALAPPURAM DISTRICT, PIN
- 676306
BY ADV SHRI.IBRAHIM KUTTY C.
OTHER PRESENT:
SR.PP.SRI.C.S.HRITHWIK
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. 2410 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2410 OF 2026
-----------------------------------------------
Dated this the 25th day of March, 2026
ORDER
The petitioners are the accused 1 to 8 in CC
No.620/2019 on the file of the Court of the Judicial
Magistrate of First Class, Parappanangadi, which has
originated from Crime No.99/2019, registered by the
Thirurangadi Police Station, Malappuram, alleging the
commission of the offences punishable under Sections 143,
147, 341, 323 and 324 read with Section 149 of the Indian
Penal Code.
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
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respondents 3 and 4, who have executed Annexures-C and
D affidavits, 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 3 and 4.
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 3
and 4 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.
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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,
Annexures-A FIR, B Final Report and all further
proceedings in CC No.620/2019 on the file of the Court of
the Judicial Magistrate of First Class, Parappanangadi, as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2410 OF 2026
PETITIONER ANNEXURES
Annexure A A CERTIFIED COPY OF THE FIR IN CRIME NO.
99/2019 DATED 04-03-2019
Annexure - B A CERTIFIED COPY OF THE FINAL REPORT WHICH IS
NOW PENDING AS CC NO.620/2019 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT
PARAPPANANGADI
Annexure - C A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT DATED 23-02-
Annexure - D A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 23-02-2026
