Kerala High Court
Haseeb A vs State Of Kerala on 27 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 284 OF 2026 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
CRL.MC NO. 284 OF 2026
CRIME NO.510/2022 OF HOSDURG POLICE STATION, KASARGOD
IN CC NO.858 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
HOSDRUG
PETITIONER/ACCUSED 1 TO 10:
1 HASEEB A
AGED 25 YEARS
S/O. SHAFI, DARUL HUDA HOUSE, ITTAMMAL, KOLAVAYAL P.O,
AJANUR VILLAGE, KANHANGAD, KASARGOD DISTRICT, PIN -
671531
2 JUNAIF V.A
AGED 38 YEARS, S/O. ABOOBACKER, DARUL RAHMA MANZIL,
ITTAMMAL, KOLAVAYAL P.O, AJANUR VILLAGE, KANHANGAD,
KASARGOD DISTRICT, PIN - 671531
3 VIPINKUMAR M
AGED 37 YEARS, S/O. NARAYANAN, KATTADI HOUSE, KATTADI,
KOLAVAYAL P.O, AJANUR VILLAGE, KANHANGAD, KASARGOD
DISTRICT., PIN - 671531
4 SHARAFUDDIEN C.P
AGED 33 YEARS, S/O. ABOOBACKER, DARUL RAHMA MANZIL,
ITTAMMAL, KOLAVAYAL P.O, AJANUR VILLAGE, KANHANGAD,
KASARGOD DISTRICT, PIN - 671531
5 FAHAD C.P
AGED 28 YEARS, S/O. ABDUL GAFOOR, C.P. MANZIL,
KOLAVAYAL, KOLAVAYAL P.O, AJANUR VILLAGE, KANHANGAD,
KASARGOD DISTRICT, PIN - 671531
6 SUFAIL RAHMAN
AGED 28 YEARS, S/O. ABDIL RAHMAN, SUFAIL MANZIL,
MEENAPPEES, HOSDURG VILLAGE, KANHANGAD, KASARGOD
DISTRICT., PIN - 671531
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7 MUHAMMED FAIROOS K
AGED 26 YEARS, S/O. KASIM K, KATTU KULANAGARA HOUSE,
IQBAL NAGAR, KOLAVAYAL P.O, AJANUR, KASARGOD
DISTRICT., PIN - 671531
8 MARSHAD P
AGED 29 YEARS, S/O. IBRAHIM, C.P. MANZIL, KOLAVAYAL,
KOLAVAYAL P.O, AJANUR, KASARGOD DISTRICT.,
PIN - 671531
9 ABDUL VAHID. K
AGED 27 YEARS, S/O. ISMAIL. K, CHEKKINKADATH HOUSE,
IQBAL NAGAR, KOLAVAYAL P.O, AJANUR, KASARGOD
DISTRICT., PIN - 671531
0 MANAF P
AGED 35 YEARS, S/O. KUNHAMMED P, RASHEED MANZIL,
ITTAMMAL, KOLAVAYAL P.O, AJANUR, KASARGOD DISTRICT.,
PIN - 671351
BY ADVS.
SRI.P.K.SUBHASH
SMT.JENI JOHN
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031
2 ABDUL AZEEZ
AGED 31 YEARS
S/O. ABDUL RAHMAN, SUMAYYA MANZIL, ITTAMMAL,
KOLAVAYAL, AJANUR, HOSDURG, KOLAVAYAL P.O, KASARGOD
DISTRICT., PIN - 671315
BY ADV SMT.SREELAKSHMI SABU
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 27th day of January, 2026 The petitioners are the accused 1 to 10 in C.C.No.858/2023 on the file of the Court of the Judicial First Class Magistrate-I, Hosdurg, which has arisen from Crime No.510/2022, registered by the Hosdurg Police Station, alleging the commission of the offences punishable under Sections 143, 147, 148, 341, 323 and 384 read with Section 149 of the Indian Penal Code.
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 2nd respondent, who has executed Annexure A3 affidavit, affirming the settlement.
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3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the 2nd respondent.
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 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 CRL.MC NO. 284 OF 2026 5 2026:KER:6313 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 judicial process without advancing the cause of justice. Furthermore, the CRL.MC NO. 284 OF 2026 6 2026:KER:6313 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 First Information Report, Annexure A2 Final Report in Crime No.510/2022 of the Hosdurg Police Station and all further proceedings in C.C.No.858/2023 on the file of the Court of the Judicial First Class Magistrate-I, Hosdurg, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 284 OF 2026
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 510
OF 2022 OF HOSDURG POLICE STATION DATED 18.04.2022 Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.
510 OF 2022 BEFORE JFCM-1, HOSDURG DATED 18.02.2023 Annexure A3 AFFIDAVIT DATED 16.12.2025 SWORN TO BY THE RESPONDENT NO.2 ENDORSING THE FACTUM OF SETTLEMENT OF DISPUTES BETWEEN THE PARTIES