[Cites 4, Cited by 0]
Kerala High Court
Joshua Ben Philip vs State Of Kerala on 30 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 779 OF 2026 1 2026:KER:28347
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
CRL.MC NO. 779 OF 2026
CRIME NO.627/2023 OF Thodupuzha Police Station, Idukki
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1036 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I (FOREST OFFENCES),
THODUPUZHA
PETITIONER/S/ACCUSED NOS 2 TO 5
1 JOSHUA BEN PHILIP,
AGED 27 YEARS
S/O MANI PHILIP, MANIKKANOLICKAL, ANCHIRI P.O,
ANAKKAYAM,ALAKODE VILLAGE, IDUKKI, PIN - 685585
2 MUHAMMED FAISAL S,
AGED 22 YEARS
S/O SUNEER, PULIVELIL PADITTATHIL,
KANNANPALLIBHAGAM,KAYAMKULAM,KEERIKKAD, ALAPPUZHA, PIN
- 690502
3 AKBAR ALI K K,
AGED 24 YEARS
S/O K A KABEER, KOCHUVEETTIL HOUSE, EDAVETTY P.O,
THODUPUZHA, KARIKODU, IDUKKI, PIN - 685588
4 MUHAMMED FAZIL,
AGED 27 YEARS
S/O SAJEELA KAMAL,15/454, PERUMBUMKATTIL,
MANIKANDESWARAM,VADAKKEKAD, GURUVAYUR, THRISSUR, PIN -
679562
BY ADVS.
SHRI.ASHWANTH PADMAN
SMT.MEGHA G.
CRL.MC NO. 779 OF 2026 2 2026:KER:28347
RESPONDENTS AND DEFACTO COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 DINO KURYAKOSE ,
AGED 24 YEARS
VALAVUNKAL HOUSE, 11TH MILE BHAGOM, MARATHOOR VATTOM
KARA, THANNEERMUKKAM, ALAPPUZHA, PIN - 688527
BY ADV SHRI.SIDHARTHAN M.T.
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 779 OF 2026 3 2026:KER:28347
C.S.DIAS, J.
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CRL.MC NO. 779 OF 2026
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Dated this the 30th day of March, 2026
ORDER
The petitioners are the accused Nos. 2 to 5 in
C.C.No.1036/2023 on the file of the Court of the Judicial
First Class Magistrate -I, Thodupuzha(Trial Court) , which
has originated from Crime No.627/2023 registered by the
Thodupuzha Police Station, Idukki, alleging the
commission of the offences punishable under Sections
341, 324, 323, 451 and 294(b) 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 registration of the crime has
been amicably settled between the petitioners and the 2 nd
CRL.MC NO. 779 OF 2026 4 2026:KER:28347
respondent, who has executed Annexure 3 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 submits 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.
6. The scope and ambit of the inherent powers of this
Court to quash criminal proceedings on the ground of
CRL.MC NO. 779 OF 2026 5 2026:KER:28347
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
element of societal concern is involved; the chances of
conviction are remote in view of the settlement; and the
CRL.MC NO. 779 OF 2026 6 2026:KER:28347
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 1FIR, Annexure 2 Final Report in Crime
No.627/2023 of the Thodupuzha Police Station, Idukki and
all further proceedings in C.C. No.1036/2023 on the file of
the Trial Court, as against the petitioners, are hereby
quashed.
Sd/-
C.S.DIAS,JUDGE
SCB/30.03.26.
CRL.MC NO. 779 OF 2026 7 2026:KER:28347
APPENDIX OF CRL.MC NO. 779 OF 2026
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.
627/2023 OF THODUPUZHA POLICE STATION DATED
13.05.2023
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.
1036/2023 ON THE FILES OF HON'BLE JUDICIAL
FIRST-CLASS MAGISTRATE COURT-I, THODUPUZHA
ARISING OUT FROM CRIME NO. 627/2023 OF
THODUPUZHA POLICE STATION 25.06.2023
Annexure 3 AFFIDAVIT DATED 20.01.2026 SWORN BY THE
