[Cites 4, Cited by 0]
Kerala High Court
Riyas @ Riyaz Ali M vs State Of Kerala on 31 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2633 OF 2026
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2026:KER:28876
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. 2633 OF 2026
CRIME NO.251/2018 OF Tirur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1479 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI / II
ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, MANJERI
PETITIONER/S:
RIYAS @ RIYAZ ALI M,
AGED 33 YEARS
S/O MAMMOOTY @ MAMMIKUTTY, MOORIKUNNATH
HOUSE,THRIKKANDIYOOR P.O., TIRUR TALUK, MALAPPURAM
DISTRICT, PIN - 676104
BY ADVS.
SHRI.NINEEP K.
SRI.C.MOHAMMED MUSTHAFA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 ATHUL A,
AGED 35 YEARS
S/O.MANI A, THAPSYA, AMBRAMMAL HOUSE, PATHIMANGALAM,
KUNNAMANGALM P.O., KOZHIKODE DISTRICT, PIN - 673571
BY ADV SRI.D.ARUN BOSE
CRL.MC NO. 2633 OF 2026
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OTHER PRESENT:
SR PP SM 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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C.S.DIAS, J.
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Crl.M.C. No. 2633 of 2026
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Dated this the 31st day of March, 2026
ORDER
The petitioner is the accused in SC No.1479/2024
on the file of the Additional Sessions Court-II, Manjeri,
which has originated from Crime No.251/2018 registered
by the Tirur Police Station, Malappuram, alleging the
commission of the offences punishable under Sections 143,
147, 148, 341, 323, 324, 427 and 308 read with Section
149 of the Indian Penal Code.
2. The petitioner has 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 amicably settled
between the petitioner and the 2nd respondent, who has
executed Annexure-A4 affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the
petitioner, the learned Public Prosecutor, and the learned
Counsel for the 2nd 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 2nd 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.
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
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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
conviction are remote in view of the settlement; and the
continuation of the proceedings would merely burden the
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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-A1 FIR, Annexure-A2 Final Report and all
further proceedings in SC No.1479/2024 on the file of the
Additional Sessions Court-II, Manjeri,, as against the
petitioner, are hereby quashed.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2633 OF 2026
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF F.I.R NO.251/2018 DATED
17.04.2018 OF TIRUR POLICE STATION,
MALAPPURAM DISTRICT
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED
12.07.2018 ARISING OUT OF ANNEXURE A1 F.I.R
NO. 251/2018 OF TIRUR POLICE STATION,
MALAPPURAM DISTRICT, NOW PENDING ON THE FILES
OF HONOURABLE ADDITIONAL DISTRICT AND
SESSIONS COURT-II, MANJERI AS C.C.NO.
S.C.NO.1479/2024S.C.NO.234/2019 DATED
30.12.2025 PASSED BY THE HONOURABLE
ADDITIONAL DISTRICT AND SESSIONS COURT-II,
MANJERI.
Annexure A3 CERTIFIED COPY OF THE JUDGMENT IN
S.C.NO.234/2019 DATED 30.12.2025 PASSED BY
THE HONOURABLE ADDITIONAL DISTRICT AND
SESSIONS COURT-II, MANJERI.
Annexure A4 AFFIDAVIT DATED 16.03.2026 SIGNED BY THE 2ND
RESPONDENT.
