Kerala High Court
Sayooj vs State Of Kerala on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:81604
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947
CRL.MC NO. 9044 OF 2025
CRIME NO.2543/2023 OF Attingal Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.2358 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI / III ADDITIONAL
MACT / RENT CONTROL APPELLATE AUTHORITY , THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 7:
1 SAYOOJ,
AGED 20 YEARS
S/O.ANIL, RESIDING AT NALPARATHALAKKAL VEEDU,
PANAVELIPARAMBU, KARICHIYIL,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695101
2 SOORAJ,
AGED 22 YEARS
S/O.ANIL, RESIDING AT NALPARATHALAKKAL VEEDU,
PANAVELIPARAMBU,KARICHIYIL,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT-, PIN - 695101
3 PRAVEEN
AGED 23 YEARS
S/O.PRASANNAN,
RESIDING AT ASARIVILAKATHU VEEDU,
NEAR MUNJINADU TEMPLE, KARICHIYIL,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695101
4 RAHUL,
AGED 24 YEARS
S/O.RAJEEVAN, RESIDING AT CHARUVILA VEEDU,
ALAPPURAMKUNNU, KURAKKADA, VEYILOOR,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695021
5 AKHIL
AGED 22 YEARS
, S/O.BINDHU, RESIDING AT V.B.NIVAS,
PANAVELIPPARAMBU, KARICHIYIL, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695101
6 VISHNU,
AGED 22 YEARS
CRL.MC NO.9044 OF 2025 2
2025:KER:81604
S/O. KUMARAN, RESIDING AT PALAVILA VEEDU, NEAR
MUDIPPURA DEVI TEMPLE, KARICHIYIL,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695101
7 ASWIN,
AGED 27 YEARS
S/O.RADHAKRISHNAN, RESIDING AT R.K.HOUSE,
EDAYAVANAM, THOTTAVARAM, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695101
BY ADV SHRI.UNNIKRISHNAN R.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 ARUN,
AGED 32 YEARS
S/O.GOPI, RESIDING AT VILAYIL VEEDU,
PARAVOORKONAM, NEAR THACHOORKUNNU,
AVANAVANCHERY,
THIRUVNANTHAPURAM DISTRICT- ., PIN - 695103
3 PRIJIN BABU,
AGED 28 YEARS
S/O.BABU, RESIDING AT KATTUVILAL PUTEN VEEDU,
NEAR KAIRALI JUNCTION, KARICHIYIL, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695101
BY ADV SRI.AKHIL SUSEENDRAN
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.9044 OF 2025 3
2025:KER:81604
Dated this the 30th day of October, 2025
ORDER
The petitioners are accused Nos.1 to 7 in S.C.No. 2358/2024 on the file of the Additional Sessions Court-VI, Thiruvananthapuram, which has arisen from Crime No. 2543/2023 registered by the Attingal Police Station, alleging the commission of the offences punishable under Sections 294(b), 341, 506, 324 and 308 read with Section 34 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 respondents 2 and 3, who have executed Annexures B and C affidavits, affirming the CRL.MC NO.9044 OF 2025 4 2025:KER:81604 settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondents 2 and 3.
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 party respondents 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 CRL.MC NO.9044 OF 2025 5 2025:KER:81604 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 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; CRL.MC NO.9044 OF 2025 6
2025:KER:81604 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.
In the result, the Crl. M.C. is allowed. Accordingly, Annexure A Final Report in Crime No. 2543/2023 of the Attingal Police Station and all further proceedings in in S.C.No. 2358/2024 on the file of the Additional Sessions Court-VI, Thiruvananthapuram, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE mtk/ 30.10.25 CRL.MC NO.9044 OF 2025 7 2025:KER:81604 APPENDIX OF CRL.MC 9044/2025 PETITIONER ANNEXURES Annexure A THE TRUE COPY OF THE FIR, FIS AND FINAL REPORT IN CRIME NO. 2543 / 2023 OF ATTINGAL POLICE STATION REGISTERED U/S.294(B), 341, 506, 324, 308 R/W.34 IPC, PENDING AS SC NO.2358 / 2024 BEFORE THE FILES OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-VI, THIRUVANANTHAPURAM Annexure B THE AFFIDAVIT OF COMPROMISE OF RESPONDENT NO. 2 Annexure C THE AFFIDAVIT OF COMPROMISE OF RESPONDENT NO. 3