Kerala High Court
Muhammed Shameer vs State Of Kerala on 16 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 7835 OF 2025 1 2026:KER:13732
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 16TH DAY OF FEBRUARY 2026 / 27TH MAGHA, 1947
CRL.MC NO. 7835 OF 2025
CRIME NO.479/2018 OF Nadapuram Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.22 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM
PETITIONERS/ACCUSED NOS 1 TO 3:
1 MUHAMMED SHAMEER,
AGED 32 YEARS
S/O KUNHAABDULLA,THEKKENDIYIL KADAMERI, KOZHIKDE, PIN -
673542
2 SAHAL,
AGED 30 YEARS
S/O MOIDHU HAJI,CHALIL HOUSE,KADAMERI,KOZHIKDE, PIN -
673542
3 AJNAS,
AGED 38 YEARS
S/O AHAMMAD, MEETHELE ADAYAGATT,KADAMERI, KOZHIKODE,
PIN - 673542
BY ADVS.
SHRI.VISHNU NARAYANAN
SMT.THEJALAKSHMI R.S.
RESPONDENT/STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 FINASH AHAMMED,
CRL.MC NO. 7835 OF 2025 2 2026:KER:13732
AGED 24 YEARS
S/O KUNHAHAMAD, RESIDING AT MUTHADATHIL, THAZHEKUNNI,
ARUR, NADAPURAM, KOZHIKODE DISTRICT, PIN - 673507
3 MOHAMMED SHIBILI,
AGED 25 YEARS, S/O SIDEEQ, RESIDING AT MULLERI
THAZHAKUNNI, KUNIGAD, PURAMERI, KOZHIKODE DISTRICT ( IS
IMPLEADED AS ADDITIONAL RESPONDENT NO.3 VIDE ORDER DTD:
12.2.2026 IN CRL MA 2/2026 IN CRL MC 7835/2025)
4 MUHAMMED SALIH,
AGED 25 YEARS, S/O ASHRAF, RESIDING AT THAZHE
VANNANTEVIDA HOUSE, THAROPOYIL, VATAKARA KOZHIKODE
DISTRICT ( IS IMPLEADED AS ADDITIONAL RESPONDENT NO.4
VIDE ORDER DTD: 12.2.2026 IN CRL MA 2/2026 IN CRL MC
7835/2025 )
BY ADVS.
SMT.SHENI KRISHNA R.N.
SMT.ANUSREE K.
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7835 OF 2025 3 2026:KER:13732
C.S.DIAS, J.
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CRL.MC NO. 7835 OF 2025
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Dated this the 16th day of February, 2026
ORDER
The petitioners are the accused Nos.1 to 3 in L.P.No.22/2021 on the file of the Court of the Judicial First Class Magistrate, Nadapuram, (Trial Court), which has originated from Crime No479/2018 registered by the Nadapuram Police Station, Kozhikode, alleging the commission of the offences punishable under Sections 341, 323, 324 and 506 r/w Section 34 of the Indian Penal Code, 1860.
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 CRL.MC NO. 7835 OF 2025 4 2026:KER:13732 respondents 2 to 4, who have executed Annexure A3 to A5 affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondents 2 to 4.
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 respondents 2 to 4 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 CRL.MC NO. 7835 OF 2025 5 2026:KER:13732 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 element of societal concern is involved; the chances of conviction are remote in view of the settlement; and the CRL.MC NO. 7835 OF 2025 6 2026:KER:13732 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 A1 FIR, Annexure A2 Final Report in Crime No. 479/2018 of the Nadapuram Police Station and all further proceedings in L.P.No.22/2021 on the file of the Trial Court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE SCB/22.01.26.
CRL.MC NO. 7835 OF 2025 7 2026:KER:13732 APPENDIX OF CRL.MC NO. 7835 OF 2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR WITH FIS IN CRIME NO. 497 OF 2018 OF THE NADAPURAM POLICE STATION DATED 02/11/2018 Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 479 OF 2018 OF THE NADAPURAM POLICE PENDING BEFORE THE JFCM, NADAPURAM AS LP 22/2021 Annexure A3 THE ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 15/08/2024 Annexure A4 TRUE COPY OF THE SETTLEMENT AFFIDAVIT OF THE 3RD RESPONDENT (SOUGHT TO BE IMPLEADED) DATED 20.07.2025 Annexure A5 TRUE COPY OF THE SETTLEMENT AFFIDAVIT OF THE 4TH RESPONDENT (SOUGHT TO BE IMPLEADED) DATED 10.11.2025