[Cites 4, Cited by 0]
Kerala High Court
Muhammed Eaza vs State Of Kerala on 30 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8530 OF 2025
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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. 8530 OF 2025
CRIME NO.1201/2020 OF Paravoor Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.281 OF 2020 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR
PETITIONER/S:
1 MUHAMMED EAZA,
AGED 36 YEARS
S/O SALEEM,KATTIL VEEDU, THEKKUMBHAGOM CHERI,
KOTTAPPURAM, KOLLAM, PIN - 691503
2 SEFIL,
AGED 36 YEARS
S/O SIRAJUDHEEN,KONTHALLARAZHIKAM VEEDU,THEKKUMBHAGOM
CHERI,KOTTAPPURAM, KOLLAM, PIN - 691503
3 ANAS,
AGED 38 YEARS
S/O SAINUDHEEN,PADINJATTATHIL VEEDU,KOTTAPPURAM,
KOLLAM, PIN - 691503
BY ADV SRI.M.R.SASITH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 AKBAR,
S/O SHOUKKATHALI, VAVARA HOUSE,KANNAMMA THODIYIL,
THEKKUMBHAGOM, PARAVOOR, KOLLAM, PIN - 691305
3 THE STATION HOUSE OFFICER,
CRL.MC NO. 8530 OF 2025
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PARAVOOR POLICE STATION, KOLLAM, PIN - 691301
*4 NAIF
S/O NASEER, SISINA MANZIL, NEAR KUTTOOR PALAM,
THEKKUMBHAGOM , KOTTAPPURAM, PARAVOOR, KOLLAM .[IS
IMPLEADED AS 4TH ADDITIONAL RESPONDENT AS PER THE ORDER
DATED 26/03/2026 IN CRL. M.A. 01/2026], PIN - 691301
BY ADV SMT.REETHU JACOB
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:
CRL.MC NO. 8530 OF 2025
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 8530 of 2025
-----------------------------------------------
Dated this the 30th day of March, 2026
ORDER
The petitioners are the accused 1 to 3 in CC
No.281/2020 on the file of the Court of the Judicial First
Class Magistrate, Paravur, which has originated from
Crime No.1201/2020, registered by the Paravoor Police
Station, Kollam, alleging the commission of the offences
punishable under Sections 341, 294(b) and 323 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 filing of the complaint has been
amicably settled between the petitioners and the 2nd
respondent and the additional 4th respondent, who have
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executed Annexures-A3 and A4 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 2nd and additional 4th respondents.
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 2nd and
additional 4th respondents 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,
Annexurs-A1 FIR, A2 Final Report and all further
proceedings in CC No.281/2020 on the file of the Court of
the Judicial First Class Magistrate, Paravur, as against the
petitioners, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 8530 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.1201/2020 OF PARAVOOR POLICE STATION,
KOLLAM
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC
NO.281/2020 PENDING BEFORE THE HON'BLE
JUDICIAL FIRST-CLASS MAGISTRATE COURT,
PARAVOOR IN CRIME NO.1201/2020 OF PARAVOOR
POLICE STATION, KOLLAM
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 09.09.2025
Annexure A4 TRUE COPY OF THE ORIGINAL AFFIDAVIT SWORN BY
THE 4TH RESPONDENT (CW2)
