[Cites 1, Cited by 0]
Kerala High Court
Basio vs State Of Kerala on 31 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:28689
CRL.MC NO. 2174 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948
CRL.MC NO. 2174 OF 2026
CRIME NO.345/2025 OF Cherpu Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.4 OF 2026 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR /
III ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY,
THRISSUR
PETITIONERS/ACCUSED 2 TO 4:
1 BASIO,
AGED 29 YEARS
S/O NANDANAN, ALAKKAL HOUSE, KIZHUTHANI VILLAGE,
THRISSUR DISTRICT., PIN - 680125
2 SHEEJIL,
AGED 22 YEARS
S/O JAYAN, VAKKAYIL HOUSE, KIZHUTHANI VILLAGE,
THRISSUR DISTRICT, PIN - 680125
3 ADARSH,
AGED 22 YEARS
S/O JAYAN, VADAKKOOT HOUSE, KIZHUTHANI VILLAGE,
THRISSUR DISTRICT., PIN - 680125
BY ADVS.
SRI.RAJESH CHAKYAT
SMT.AISWARYA E J VETTIKOMPIL
SMT.APARNA NAIR
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CRL.MC NO. 2174 OF 2026
2
RESPONDENTS/COMPLAINANT/ DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA., PIN - 682031
2 THE SUB INSPECTOR OF POLICE,
CHERPU POLICE STATION, THRISSUR DISTRICT, PIN -
680561
3 MANI,
AGED 74 YEARS
S/O VELAYUDHAN, KUNNATHUKATTIL HOUSE, KANDASWARAM ,
ARATTUPUZHA, URAKAM P.O., THRISSUR TALUK,
THRISSUR., PIN - 680562
4 UNNIKRISHANAN,
AGED 60 YEARS
S/O RAMU, VENNIKKAL HOUSE,
KANDASWARAM ,ARATTUPUZHA, URAKAM P.O.,THRISSUR
TALUK, THRISSUR, PIN - 680562
BY ADV SRI.JOSEPH M.P.
SR.PP. SMT. SEETHA S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 2174 OF 2026
3
ORDER
Dated this the 31st day of March, 2026
The petitioners are the accused 2 to 4 in
S.C.No.4/2026 on the file of the Additional Sessions
Court-IV, Thrissur (Trial Court), which has originated
from Crime No.345/2025 registered by the Cherpu Police
Station, Thirssur alleging the commission of the offences
punishable under Sections 126(2), 115(2), 118(1), 118(2)
and 110 r/w Section 3(5) of the Bharatiya Nyaya Sanhita,
2023 ( BNS).
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
respondents 3 and 4, who have executed Annexures 3
and 4 affidavits, affirming the settlement.
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CRL.MC NO. 2174 OF 2026
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 submits 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.
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.
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CRL.MC NO. 2174 OF 2026
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
continuation of the proceedings would merely burden the
judicial process without advancing the cause of justice.
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CRL.MC NO. 2174 OF 2026
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 1 FIR, Annexure 2 final report and all further
proceedings in S.C. No.4/2026 of the Trial Court as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm31/03/2026
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CRL.MC NO. 2174 OF 2026
APPENDIX OF CRL.MC NO. 2174 OF 2026
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME
NO.345/2025 OF CHERPU POLICE STATION
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN
345/2025 OF CHERPU POLICE STATION DATED
20.06.2025
Annexure 3 ORIGINAL COPY OF THE COMPOUNDING
AFFIDAVIT EXECUTED BY THE DEFACTO
COMPLAINANT /CW1/ 3RD RESPONDENT DATED
19.02.2026
Annexure 4 ORIGINAL COPY OF THE COMPOUNDING
AFFIDAVIT EXECUTED BY THE INJURED/CW2/
4TH RESPONDENT DATED 19.02.2026
