[Cites 4, Cited by 0]
Kerala High Court
Sibin Lukose vs State Of Kerala on 31 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2560 OF 2026
1
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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. 2560 OF 2026
CRIME NO.258/2024 OF Chittarikal Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1824 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/S:
1 SIBIN LUKOSE,
AGED 23 YEARS
S/O LUKOSE, KADAPRAYIL, THAYYENI,PALAVAYAL
VILLAGE,KASARAGOD -, PIN - 670511
2 ABIN TOM JOSEPH,
AGED 20 YEARS
S/O.JOSEPH K.L, KOONTHALLOOR, PALAVAYAL, THAYYENI P.O,
KASARAGOD -, PIN - 670511
3 JUSTINE JACOBN,
AGED 23 YEARS
S/O.JACOB, KARUVALLIYIL, PALAVAYAL,KASARAGOD -, PIN -
670511
BY ADVS.
SRI.A.ARUNKUMAR
SRI.S.SHYAM KUMAR
SHRI.SACHIN GEORGE ARAMBAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM -, PIN - 682031
CRL.MC NO. 2560 OF 2026
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2 ALBIN PETER,
AGED 24 YEARS
S/O PETER, THAKIDIYEL HOUSE, THAYYENI, PALAVAYAL
VILLAGE, VELLARIKUNDU TALUK, KASARAGOD -, PIN - 670511
3 NEENUMOL,
AGED 23 YEARS
D/O.BENNY MATHEW, THENGUMPALLIL HOUSE, THAYYENI,
PALAVAYAL VILLAGE, VELLARIKUNDU TALUK, KASARAGOD -, PIN
- 670511
BY ADV SHRI.VIPIN T JOSE
OTHER PRESENT:
SR PP SRI C S HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2560 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2560 OF 2026
-----------------------------------------------
Dated this the 31st day of March, 2026
ORDER
The petitioners are the accused 1 to 3 in CC
No.1824/2024 on the file of the Court of the Judicial First
Class Magistrate-II, Hosdurg, which has originated from
Crime No.258/2024, registered by the Chittarikal Police
Station, Kasargod, alleging the commission of the offence
punishable under Section 67(A) of the Information
Technology Act, 2000.
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 and 3, who have executed Annexures AIV
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and AV 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 and 3.
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
and 3 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-AI FIR, Annexure-AII Final Report and all
further proceedings in CC No.1824/2024 on the file of the
Court of the Judicial First Class Magistrate-II, Hosdurg, as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2560 OF 2026
PETITIONER ANNEXURES
Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO. 258 OF
2024 OF CHITTARIKKAL POLICE STATION,
KASARAGOD
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 258 OF 2024 OF CHITTARIKKAL POLOICE
STATION, KASARAGOD
Annexure AIII A TRUE COPY OF THE MEMO OF EVIDENCE
Annexure AIV THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
DATED 16.02.2026
Annexure AV THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT
DATED 16.02.2026
