Kerala High Court
Lobin Raj vs State Of Kerala on 6 November, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 9331 OF 2025 1
2025:KER:84299
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 6TH DAY OF NOVEMBER 2025 / 15TH KARTHIKA, 1947
CRL.MC NO. 9331 OF 2025
CRIME NO.189/2023 OF MUNNAR POLICE STATION, IDUKKI
PETITIONER/ACCUSED:
LOBIN RAJ,
AGED 55 YEARS
S/O CHELLIAH K, RESIDING AT VAGAVVRRAI ESTATE,
FACTORY DIVISION,TALLIAR POST, IDUKKI DISTRICT,
PIN - 685614
BY ADV SRI.P.K.RAVISANKAR
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031
2 V. BALACHANDRAN,
AGED 59 YEARS
S/O VARADAN, RESIDING AT TATA GENERAL HOSPITAL
QUARTERS,MUNNAR POST, IDUKKI DISTRICT., PIN - 685612
BY ADVS. SRI.M.K.THANKAPPAN
SMT.C.G.VINODINI
SMT.SEETHA S, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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2025:KER:84299
ORDER
Dated this the 06th day of October, 2025 The petitioner is the accused in Crime No.189/2023 registered by the Munnar Police Station, Idukki, alleging the commission of the offences punishable under Sections 120B, 465 and 467 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 registration of the crime has been amicably settled between the petitioner and the 2nd respondent, who has executed Annexure C affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the 2nd respondent.
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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 2 nd respondent has no subsisting grievance and do 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 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 CRL.MC NO. 9331 OF 2025 4 2025:KER:84299 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 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.
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2025:KER:84299 In the result, the Crl. M.C. is allowed. Accordingly, Annexure A First Information Report and all further proceedings in Crime No.189/2023 of the Munnar Police Station, as against the petitioner, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE NAB CRL.MC NO. 9331 OF 2025 6 2025:KER:84299 APPENDIX OF CRL.MC 9331/2025 PETITIONER ANNEXURES ANNEXURE A CERTIFIED COPY OF THE F.I.R. IN CRIME NO.
189 OF 2023 OF MUNNAR POLICE STATION ANNEXURE B TRUE COPY OF THE COMPLAINT DATED 22-3-2023 FILED BY THE 2ND RESPONDENT BEFORE THE STATION HOUSE OFFICER, MUNNAR ANNEXURE C TRUE COPY OF THE AFFIDAVIT DATED 15-10- 2025 SWORN TO BY THE 2ND RESPONDENT