[Cites 3, Cited by 0]
Kerala High Court
Shahabas K.H vs State Of Kerala on 31 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2564 OF 2026
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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. 2564 OF 2026
CRIME NO.839/2024 OF Mattancherry Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.830 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY
PETITIONER/S:
1 SHAHABAS K.H,
AGED 21 YEARS
S/O K.M HAMSAKOYA,H.NO: 5/1166A, VEETTIKKRAN
PARAMBU,MATTANCHERRY, PIN - 682002
2 MOHAMMED ADHIL M.N,
AGED 22 YEARS
S/O NAVAS M.B,16/481,MAVUNGATTU(H) THOPPUMPADY, PIN -
682005
3 SHABAREESH K,
AGED 22 YEARS
S/O K.K PRAKASH,KADUPPATH(H), KADUPPATH ROAD,VYTILA,
KOCHI, PIN - 682019
4 MUHAMMED ALIYAR,
AGED 19 YEARS
S/O AZEEZ, PALIYATH(H) SAJEEV ROAD, THANGAL
NAGAR,PALLURUTHY, ERNAKULAM, PIN - 682006
5 AMRIN BASIM,
AGED 20 YEARS
S/O BASHEER, MATHILAKATH(H) MASS ROAD,
MATTANCHERRY,ERNAKULAM, PIN - 682002
6 ARJUN,
AGED 22 YEARS
BABASAHED, NADANAM (H) POIMBALASSERY LANE,RAVIPURAM,
PIN - 682016
CRL.MC NO. 2564 OF 2026
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BY ADV SMT.SRUTHY UNNIKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 MOHAMMED RAMZI K.A,
AGED 23 YEARS
S/O K.B ABDUL KALAM, KALLUMVEETTIL (H), KOCHANGADI,
CHULLICKAL THOPPUMPPADI, ERNAKULAM DISTRICT, PIN -
682005
3 RISWAN SANOJ,
AGED 23 YEARS
S/O SANOJ M.H, 7/738, KALLARAKKAPARAMBU, JEW TOWN,
MATTANCHERRY, ERNAKULAM, PIN - 682002
4 K.N MUHAMMED NAFEED,
AGED 22 YEARS
13/508, CHITHUPARAMBU, CHULLICKAL, THOPPUMPADY,
ERNAKULAM DISTRICT, PIN - 682005
5 ALAMEEN M.S,
AGED 23 YEARS
S/O SUDHEER M.A, 16/1717 F, POST OFFICE ROAD,
THOPPUMPADY, ERNAKULAM DISTRICT, PIN - 682005
BY ADV SHRI.AJAY ANDREWS K.C
OTHER PRESENT:
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:
CRL.MC NO. 2564 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2564 OF 2026
-----------------------------------------------
Dated this the 31st day of March, 2026
ORDER
The petitioners are the accused 1 to 6 in CC
No.830/2024 on the file of the Court of the Judicial First
Class Magistrate, Mattanchery, which has originated from
Crime No.839/2024, registered by the Mattanchery Police
Station, Ernakulam, alleging the commission of the
offences punishable under Sections 126(2), 115(2), 351(2)
and 189 read with Section 190 of the Bharatiya Nyaya
Sanhita, 2023.
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
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respondents 2 to 5, who have executed Annexures II to V
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 5.
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 5 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,
Annexure-AI FIR and Final Report and all further
proceedings in CC No.830/2024 on the file of the Court of
the Judicial First Class Magistrate, Mattanchery, as
against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2564 OF 2026
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.839/2024 OF MATTANCHERRY POLICE
STATION, ERNAKULAM DISTRICT DATED 02/12/2022
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
Annexure V THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT
DATED 02/03/2026
