Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 0]

Kerala High Court

Unnikrishnan vs State Of Kerala on 11 March, 2026

Author: C.S.Dias

Bench: C.S.Dias

CRL.MC NO. 1987 OF 2026
                                   1


                                                        2026:KER:21770

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE C.S.DIAS

    WEDNESDAY, THE 11TH DAY OF MARCH 2026 / 20TH PHALGUNA, 1947

                        CRL.MC NO. 1987 OF 2026

 CRIME NO.1283/2024 OF Perinthalmanna Police Station, Malappuram

        AGAINST THE ORDER/JUDGMENT DATED IN SC NO.416 OF 2025 OF

DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,

MANJERI

PETITIONER/S:

    1       UNNIKRISHNAN,
            AGED 32 YEARS
            S/O CHAATHU, KATTARAAYALVEEDU, MAATTARAKKAL,
            ARAKKUPARAMBU, MALAPPURAM, PIN - 679341

    2       MUHAMMED NASEEF,
            AGED 33 YEARS
            S/O ABOOBACKAR, PATTANAMVEEDU ,MAATTARAKKAL,
            ARAKKUPARAMBU, MALAPPURAM, PIN - 679341

    3       MUHAMMED SHANIB,
            AGED 22 YEARS
            S/O MUHAMMED, SHERAYILVEED,MAATTARAKKAL, ARAKKUPARAMBU,
            MALAPPURAM-, PIN - 679341

    4       MUHAMMED AKHIL NASIM,
            AGED 25 YEARS
            S/O SHOWKATHALI, CHILAMBUKADAN VEEDU,MAATTARAKKAL,
            ARAKKUPARAMBU, MALAPPURAM, PIN - 679341


            BY ADVS.
            SRI.SHAHIR SHOWKATH ALI
            SMT.REJABANA PARVEEN T. R.
 CRL.MC NO. 1987 OF 2026
                                 2


                                                    2026:KER:21770

RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031

    2     THE STATION HOUSE OFFICER,
          PERINTHALMANNA POLICE STATION, MALAPPURAM, PIN - 679322

    3     ADHEEB K.K,
          AGED 20 YEARS
          S/O MUHAMMED FAVAS, KATTUKANDATHIL, OLIPPUZHA,
          EDAYATTUR P.O, EDAPPATTA, MALAPPURAM, PIN - 679326


          BY ADV SMT.FATHIMA AMREEN JAMAL


OTHER PRESENT:

          SR PP SMT SEETHA S


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 1987 OF 2026
                                     3


                                                             2026:KER:21770

                               C.S.DIAS, J.
                 ---------------------------------------------
                  Crl.M.C. No. 1987 OF 2026
                -----------------------------------------------
             Dated this the 11th day of March, 2026

                                 ORDER

The petitioners are the accused 1 to 4 in SC No.416/2025 on the file of the Court of Session, Manjeri, which has originated from Crime No.1283/2024 registered by the Perinthalmanna Police Station, Malappuram, alleging the commission of the offences punishable under Sections 341, 324 and 308 read with 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 filing of the complaint has been amicably settled between the petitioners and the 3rd respondent, who has executed Annexure-A3 affidavit, CRL.MC NO. 1987 OF 2026 4 2026:KER:21770 affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the 3rd respondent.

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 3rd 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 CRL.MC NO. 1987 OF 2026 5 2026:KER:21770 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 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 CRL.MC NO. 1987 OF 2026 6 2026:KER:21770 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-A1 FIR, Annexure-A2 Final Report and all further proceedings in SC No.416/2025 on the file of the Court of Session, Manjeri, as against the petitioners, are hereby quashed.

sd/-

C.S.DIAS, JUDGE rkc CRL.MC NO. 1987 OF 2026 7 2026:KER:21770 APPENDIX OF CRL.MC NO. 1987 OF 2026 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 01/07/2024 IN CRIME NO. 1283/2024 OF PERINTHALMANNA POLICE STATION, MALAPPURAM Annexure A2 A TRUE COPY OF THE FINAL REPORT DATED 15/10/2024 IN CRIME NO. 1283/2024 OF PERINTHALMANNA POLICE STATION, MALAPPURAM Annexure A3 A TRUE COPY OF THE SWORN AFFIDAVIT DATED 31.01.2026 EXECUTED BY 3RD RESPONDENT Annexure A4 A TRUE COPY OF THE JUDGMENT PASSED IN CRL.M.C. NO. 7846 OF 2025, DATED 20.02.2026,