[Cites 5, Cited by 0]
Kerala High Court
Shinto Sebastian vs State Of Kerala on 25 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8910 OF 2024
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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. 8910 OF 2024
CRIME NO.1562/2018 OF Ernakulam North Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2221 OF 2018 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONER/S:
1 SHINTO SEBASTIAN
AGED 29 YEARS
S/O SEBASTIAN, VADAKKEL HOUSE, BEERPADI, ARALAM,
IRITTI, KANNUR, PIN - 670704
2 VINOD KUMAR
AGED 51 YEARS
S/O LUKOSE, KANJIKKA THEKKETHIL HOUSE, ANTHICHIRA,
MANATHALA P O, ADOOR, PATHANAMTHITTA DISTRICT, PIN -
695015
BY ADVS.
SHRI.C.K.ANWAR
SMT.GOPIKA T.G.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
ERNAKULAM TOWN POLICE STATION, ERNAKULAM, PIN - 682015
3 AMAL NAIR
AGED 38 YEARS
CRL.MC NO. 8910 OF 2024
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S/O. RAMACHANDRAN NAIR, YARA HOUSE, HOUSE NO. 767,
STREET NO. 13, AVENUE CENTRE, PANAMBILLY NAGAR,
ELAMKULAM VILLAGE,ERNAKULAM, PIN - 682036
BY ADVS.
SHRI.SHIJU VARGHESE (ERNAKULAM)
SMT.BINCY P. PAUL
SHRI.P.SAJEEV (PERUMPALAM)
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. 8910 OF 2024
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 8910 OF 2024
-----------------------------------------------
Dated this the 25th day of March, 2026
ORDER
The petitioners are the accused 1 and 2 in CC
No.2221/2018 on the file of the Court of the Additional
Chief Judicial Magistrate, Ernakulam, which has
originated from Crime No.1562/2018 registered by the
Ernakulam North Police Station, Ernakulam, alleging the
commission of the offences punishable under Sections 452,
323, 324, 294(b) and 427 read with Section 34 of the
Indian Penal Code, 1860.
2. The petitioners have invoked the inherent
jurisdiction of this Court under Section 428 of the Code of
Criminal Procedure, 1973, 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 3rd
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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 3rd 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 3rd 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.2221/2018 on the file of the
Court of the Additional Chief Judicial Magistrate,
Ernakulam, as against the petitioners, are hereby
quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 8910 OF 2024
PETITIONER ANNEXURES
Annexure A-1 THE CERTIFIED COPY OF FIR IN CRIME NO.
1562/2018 OF ERNAKULAM TOWN POLICE STATION
Annexure A-2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME
NO. 1562/2018 OF ERNAKULAM TOWN POLICE
STATION IN CC NO. 2221/2018 BEFORE ADDL.
CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM,
ERNAKULAM
Annexure A-3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 25.09.2024
