[Cites 4, Cited by 0]
Kerala High Court
Firoz.A vs State Of Kerala on 30 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2418 OF 2026
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2026:KER:28351
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. 2418 OF 2026
CRIME NO.938/2023 OF Mattancherry Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.645 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY
PETITIONER/S:
1 FIROZ.A,
AGED 26 YEARS
S/O ASHRAF.M, 3/1463,PUTHUKATTUPARAMBU MATTANCHERRY,,
PIN - 682002
2 DEVADATHAN.S,
AGED 22 YEARS
S/O SATHEESH KUMAR, DEVANGANAM,MLA ROAD, POTHAMPALLY
NAGAR,KACHERIPPADY, PALLURUTHY, PIN - 682006
3 MUFEEDH AHAMED,
AGED 21 YEARS
S/O MOHAMED .M.A, 4/1514,MANGALASSERI(H),
ADIKARIVALAPPU,KOCHI, PIN - 682001
4 SANJAY K.S,
AGED 21 YEARS
S/O SANTHOSH K.R,27/987, KURISHUPARAMBIL(H),NAZRATH,
PIN - 682001
5 SHAHABAS K.H,
AGED 21 YEARS
S/O K.M HAMSAKOYA,H.NO: 5/1166A, VEETTIKKRAN
PARAMBU,MATTANCHERRY, PIN - 682002
BY ADV SMT.SRUTHY UNNIKRISHNAN
RESPONDENT/S:
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1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SAHAL E ABDUL KALAM,
AGED 23 YEARS
S/O E.K ABDUL KALAM, 19/788, ELLATH(H), GOVT HOSPITAL
ROAD, KACHERIPPADY, PALLURUTHY, ERNAKULAM DISTRICT, PIN
- 682006
3 NIHAL M.N,
AGED 23 YEARS
S/O NAZEER M.H, 20/761 D, HOSPITAL ROAD, KACHERIPPADY,
PALLURUTHY, ERNAKULAM DISTRICT, PIN - 682006
4 RISWAN SANOJ,
AGED 23 YEARS
S/O SANOJ M.H, 7/738, KALLARAKKAPARAMBU, JEW
TOWN,MATTANCHERRY, ERNAKULAM, PIN - 682002
BY ADV SMT.FATHIMA NAZRIN M.N.
OTHER PRESENT:
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:
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2418 OF 2026
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Dated this the 30th day of March, 2026
ORDER
The petitioners are the accused 1 to 5 in CC
No.645/2023 on the file of the Court of the Judicial First
Class Magistrate, Mattancherry, which has originated
from Crime No.938/2023, registered by the Mattancherry
Police Station, Ernakulam, alleging the commission of the
offences punishable under Sections 341, 323, 143, 147 and
148 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
respondents 2 to 4, who have executed Annexures II to IV
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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 2 to 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 2
to 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.
6. The scope and ambit of the inherent powers of this
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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
element of societal concern is involved; the chances of
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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-I Final Report and all further proceedings in CC
No.645/2023 on the file of the Court of the Judicial First
Class Magistrate, Mattancherry, as against the petitioners
are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2418 OF 2026
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.938/2023 OF MATTANCHERRY POLICE STATION,
ERNAKULAM DISTRICT DATED 22/06/2023
Annexure II THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 02/03/2026
Annexure III THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 02/03/2026
Annexure IV THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
DATED 02/03/2026
