[Cites 3, Cited by 0]
Kerala High Court
Charles Baby vs State Of Kerala on 31 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2612 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. 2612 OF 2026
CRIME NO.1702/2024 OF Peroorkada Police Station,
Thiruvananthapuram
AGAINST THE JUDGMENT DATED IN CP NO.15 OF 2025 OF JUDICIAL
MAGISTRATE OF FIRST CLASS IV (MOBILE), THIRUVANANTHAPURAM.
PETITIONER/S:
1 CHARLES BABY,
AGED 24 YEARS
S/O BABY,ONNISSERITHOTTATHIL HOUSE, MARADY VILLAGE,
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686663
2 ANANDHU KRISHNAN A S,
AGED 26 YEARS
S/O AJITH KUMAR,AYILLAM HOUSE, ERAYAMCODE,THOLICODE
VILLAGE, THIRUVANANTHAPURAM, PIN - 695541
3 FIHAN,
AGED 22 YEARS
S/O CINIL SAIBAN,SHAMLA HOUSE, KAYAMKULAM
VILLAGE,KARTHIKAPALLY TALUK, KAYAMKULAM,ALAPPUZHA, PIN
- 690502
4 MUHAMMED FAIS,
AGED 22 YEARS
S/O MUHAMMED RAFI,RAFI MANZIL, MULAKKUZHA PANCHAYAT,
MULAKUZHA VILLAGE, ALAPPUZHA, PIN - 689505
5 VISHNU S KUMAR,
AGED 24 YEARS
S/O SANTHOSH KUMAR,NALINAM HOUSE, VELLOOR ROAD,
PURAMERI VILLAGE, VADAKARA TALUK, KOZHIKODE, PIN -
673503
6 PRAN C,
CRL.MC NO. 2612 OF 2026
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AGED 22 YEARS
S/O CHANDRAN,KARTHIKA BHAVANAM, MANACAUD WARD,MANACAUD
VILLAGE, THIRUVANANTHAPURAM, PIN - 695009
7 AAMIN JAVAD,
AGED 22 YEARS
S/O JAVAD,MURUKALAYAM KOTTAKYADU HOUSE, THODIYOOR
VILLAGE,KARUNAGAPALLY, KOLLAM, PIN - 690523
BY ADVS.
SRI.GOKUL D. SUDHAKARAN
SRI.R.RAHMATHULLAH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE SUB INSPECTOR OF POLICE,
PEROORKADA POLICE STATION,
PEROORKADA,THIRUVANANTHAPURAM, PIN - 695005
3 AMAN GAFOOR,
S/O SHAMMI GAFOOR,ERATTUPARAMBIL HOUSE, MATHILAKAM
WARD,KODUNGALOOR VILLAGE, THRISSUR, PIN - 680685
BY ADV SHRI.ANEESHRAJ R.
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. 2612 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 2612 of 2026
-----------------------------------------------
Dated this the 31st day of March, 2026
ORDER
The petitioners are the accused 1 to 7 in CP
No.15/2025 on the file of the Court of the Judicial
Magistrate of First Class-IV (Mobile),
Thiruvananthapuram, which has originated from Crime
No.1702/2024, registered by the Peroorkada Police
Station, Thiruvananthapuram, alleging the commission of
the offences punishable under Sections 189(2), 191(2),
126(2), 351(2), 296(b), 115(2), 110, 305 and 238 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 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
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amicably settled between the petitioners and the 3rd
respondent, who has executed Annexure-III affidavit,
affirming the settlement.
3. I have heard the learned Counsel appearing for the
petitioners, the learned Public Prosecutor, and the learned
Counsel for the 3rd respondent.
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 3rd respondent
has no subsisting grievance and does not wish to pursue
the prosecution, and has 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-I FIR, Annexure-II Final Report and all further
proceedings in CP No.15/2025 on the file of the Court of
the Judicial Magistrate of First Class-IV (Mobile),
Thiruvananthapuram, as against the petitioners, are
hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2612 OF 2026
PETITIONER ANNEXURES
Annexure-I TRUE COPY OF THE FIR IN 1702/2024 OF
PEROORKADA POLICE STATION DATED 02-12-2024
Annexure-II TRUE COPY OF THE FINAL REPORT IN 1702/2024 OF
PEROORKADA POLICE STATION DATED 25-02-2025
Annexure-III THE NOTARIZED AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 17-10-2025
