[Cites 1, Cited by 0]
Kerala High Court
Aneesh vs State Of Kerala on 31 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:28680
CRL.MC NO. 2602 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. 2602 OF 2026
CRIME NO.656/2025 OF Anchal Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.618 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR
PETITIONERS/ACCUSED NOS1 TO 4:
1 ANEESH,
AGED 32 YEARS
UMESH BHAVAN, KACHANI,AREEPLACHI P.O,
ANCHAL ,KOLLAM, PIN - 691333
2 JAYAKRISHNAN,
AGED 26 YEARS
HARIKRISHNA BHAVAN, NEELAMMAL,KARAVALOOR P.O,
PUNALUR,KOLLAM, KERALA, PIN - 691333
3 VINU
AGED 27 YEARS
S/O VIJAYAN, VINU BHAVAN,PUTHOOTHADAM, KARAVALOOR
P.O,ANCHAL,KOLLAM, PIN - 691333
4 RAHUL
AGED 32 YEARS
RAHUL VILSAM,PALOTTUKONAM,ARCHAL,NEDIYARA P.O,
YEROOR,KOLLAM, PIN - 691333
BY ADV SHRI.NAHAS H.
2026:KER:28680
CRL.MC NO. 2602 OF 2026
2
RESPONDENTS/ DE FACTO COMPLAINANT/ INJURED:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SHARATH KUMAR
AGED 30 YEARS
S/O THAMPI,RESIDING AT SHARATH MANDIRAM,
ARCHAL,KARIYOTTU,NEDIYARA P.O, ANCHAL,KOLLAM
DISTRICT-, PIN - 691306
3 SHYAM KUMAR,
AGED 28 YEARS
S/O THAMPI,RESIDING AT SHARATH MANDIRAM,
ARCHAL,KARIYOTTU,NEDIYARA P.O, ANCHAL,KOLLAM
DISTRICT, PIN - 691306
BY ADV SMT.FARHANA K.H.
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. 2602 OF 2026
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ORDER
Dated this the 31st day of March, 2026
The petitioners are the accused 1 to 4 in
C.C.No.618/2025 on the file of the Court of the Judicial
First Class Magistrate-I, Punalur (Trial Court), which has
originated from Crime No.656/2025 registered by the
Anchal Police Station, Kollam alleging the commission of
the offences punishable under Sections 294(b), 126(2),
115(2), 118(1) and 324(2) 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 2 and 3, who have executed Annexures A3
and A4 affidavits, affirming the settlement.
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CRL.MC NO. 2602 OF 2026
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 submits 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
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. 2602 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. 2602 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 A1 FIR, Annexure A2 final report and all further
proceedings in C.C. No.618/2025 of the Trial Court as
against the petitioners, are hereby quashed.
SD/-
C.S.DIAS, JUDGE
rmm31/03/2026
2026:KER:28680
CRL.MC NO. 2602 OF 2026
APPENDIX OF CRL.MC NO. 2602 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 656/2025 OF ANCHAL
STATION, KOLLAM DISTRICT DATED 02.06.2025
Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN CC
618/2025 DATED 16.08.2025 BEFORE THE
JUDICIAL. FIRST CLASS MAGISTRATE COURT-
1 ,PUNALUR
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 10.03.2026
Annexure A4 THE ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 010.03.2026
