Kerala High Court
Saidalavi K.M vs State Of Kerala on 6 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 743 OF 2026
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2026:KER:11112
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
CRL.MC NO. 743 OF 2026
CRIME NO.1277/2025 OF Kondotty Police Station, Malappuram
PETITIONER/S:
1 SAIDALAVI K.M,
AGED 56 YEARS
S/O. CHEKKU MUHAMMED, KONTHEDATH MADATHIL HOUSE, P.O.,
VALIYAPARAMBA, PULIKKAL, MALAPPURAM DISTRICT, PIN -
673637
2 AHAMMED MUNEER,
AGED 43 YEARS
S/O. MUHAMMED KUTTY, CHIRAKKARA HOUSE, P.O.,
VALIYAPARAMBA, PULIKKAL, MALAPPURAM DISTRICT, PIN -
673637
3 MUNAVIR K.M.
AGED 29 YEARS
S/O. MUHAMMED KUTTY, K.K. KUTTIKKAVIL HOUSE, P.O.,
VALIYAPARAMBA, PULIKKAL, MALAPPURAM DISTRICT, PIN -
673637
4 MUHAMMED KUTTY KUTTIKKAVIL
AGED 57 YEARS
S/O.VEERAN KUTTY, KUTTIKKAVIL MADATHIL HOUSE, P.O.,
VALIYAPARAMBA, PULIKKAL MALAPPURAM DISTRICT, PIN -
673637
5 SUBAIR. K,
AGED 47 YEARS
S/O.VEERAN KUTTY, KUTTIKKAVIL HOUSE, P.O.,
VALIYAPARAMBA, PULIKKAL MALAPPURAM DISTRICT, PIN -
673637
6 JAMSHEED. K.M,
AGED 36 YEARS
S/O. MUHAMMED ALI, KONTHEDATH MADATHIL HOUSE,
KOTTAPPURAM, P.O.,VALIYAPARAMBA, PULIKKAL, MALAPPURAM
CRL.MC NO. 743 OF 2026
2
2026:KER:11112
DISTRICT, PIN - 673637
7 MUHAMMEDALI KONTHEDAN
AGED 59 YEARS
S/O. VEERANKUTTY KONTHEDAN, PALAPPARAMBA HOUSE P.O.
VALIYAPARAMBA, PULIKKAL, MALAPPURAM DISTRICT, PIN -
673637
8 ABDUSSAMAD K.M
AGED 44 YEARS
S/O. CHEKKU MUHAMMED, KONTHEDATH MADATHIL HOUSE,
P.O.VALIYAPARAMBA, PULIKKAL, MALAPPURAM DISTRICT, PIN -
673637
9 MUHAMMED ASHRAF K.M
AGED 42 YEARS
S/O. ABDULLA, KONTHEDATH MADATHIL HOUSE, P.O.
VALIYAPARAMBA, PULIKKAL, MALAPPURAM DISTRICT., PIN -
673637
0 MUHAMMEDKUTTY K.M
AGED 51 YEARS
S/O. CHEKKUMAMMAD K.M., MADATHIL HOUSE, VALIYAPARAMBA
POST, PULIKKAL, MALAPPURAM DISTRICT., PIN - 673637
11 MUHAMMED MUSTHAFA K.M.
AGED 51 YEARS
S/O. ABDURAHIMAN, CHIRAKKARA HOUSE, VALIYAPARAMBA POST,
MALAPPURAM DISTRICT., PIN - 673637
BY ADV SRI.U.K.DEVIDAS
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 MUHAMMED KUTTY
AGED 57 YEARS
S/O. KUNHALAN, VELLARATHODI HOUSE, ANDIYURKUNNU P.O.,
KOTTAPPURAM, MALAPPURAM DISTRICT., PIN - 673637
3 MUHAMMED DILSHAD
AGED 26 YEARS
S/O. MUHAMMEDKUTTY. VELLARATHODI HOUSE, ANDIYURKUNNU
CRL.MC NO. 743 OF 2026
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P.O., KOTTAPPURAM, MALAPPURAM DISTRICT., PIN - 673637
BY ADV SMT.P.M.SHAHIDA
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 743 OF 2026
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2026:KER:11112
C.S.DIAS, J.
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Crl.M.C. No. 743 OF 2026
--------------------------------------------
Dated this the 6th day of February, 2026
ORDER
The petitioners are the accused 1 to 11 in Crime No.1277/2025, registered by the Kondotty Police Station, Malappuram, alleging the commission of the offences punishable under Sections 126(2), 115(2) and 110 read with Section 3(5) 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 respondents 2 and 3, who have executed Annexures 2 and 2(a) affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for the CRL.MC NO. 743 OF 2026 5 2026:KER:11112 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 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. CRL.MC NO. 743 OF 2026 6 2026:KER:11112 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. CRL.MC NO. 743 OF 2026 7 2026:KER:11112 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-1 FIR and all further proceedings in Crime No.1277/2025, registered by the Kondotty Police Station, Malappuram, as against the petitioners are hereby quashed.
sd/-
C.S.DIAS, JUDGE rkc/06.02.26 CRL.MC NO. 743 OF 2026 8 2026:KER:11112 APPENDIX OF CRL.MC NO. 743 OF 2026 PETITIONER ANNEXURES Annexure -1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.1277/2025 OF KONDOTTY POLICE STATION ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM DATED 12.11.2025 Annexure-1(a) TRUE COPY OF THE F.I.S IN CRIME NO.1277/2025 OF KONDOTTY POLICE STATION ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM DATED 12.11.2025 Annexure-2 THE ORIGINAL OF THE AFFIDAVIT DATED 22.01.2026 EXECUTED BY THE SECOND RESPONDENT Annexure-2(a) THE ORIGINAL OF THE AFFIDAVIT DATED 23.01.2026 EXECUTED BY THE THIRD RESPONDENT