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2026 Supreme(Online)(Ker) 9121

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
EBRAHIM KUTTY, MAHIN AE, VAHID YOUSEF, WASIM ACRAM – Appellant
Versus
STATE OF KERALA, MAHIN ABUBACKER, MEERAN MOOSA – Respondent
CRL.MC NO. 11579 OF 2025 | CC NO.624 OF 2021



Advocates:
For the Appellants/Petitioners: SHRI.AFSAL P. BASHEER
For the Respondents: SMT.JUBAIRIYA SALIM, SRI.M.P.PRASANTH

The High Court can quash criminal proceedings if parties have amicably settled minor disputes, promoting justice and judicial efficiency.

Headnote:The petitioners, accused in C.C.No.624/2021, sought to quash proceedings under Sections 341, 323, 324, 294(b) r/w Section 34 IPC. They contended that disputes were amicably settled with respondents, as stated in submitted affidavits. The court noted the settlement did not involve serious offences and upheld its inherent jurisdiction to quash proceedings to promote justice.

Result: The Crl. M.C. is allowed, quashing all proceedings against petitioners.

Table of Content
1. petitioners seek to quash proceedings. (Para 1 , 2)
2. disputes settled amicably; state and victims consent to quash. (Para 4 , 5)
3. court's inherent jurisdiction assessed for quashing based on nature of offences. (Para 6 , 7)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947 CRL.MC NO. 11579 OF 2025 CRIME NO.1000/2021 OF Muvattupuzha Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.624 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA PETITIONERS/ACCUSED Nos. 1 TO 4 :

1 EBRAHIM KUTTY, AGED 65 YEARS ARYANKALAYIL HOUSE,PEZHAKAPILLY PO,MUVATTUPUZHA, PIN -

686673

2 MAHIN AE, AGED 34 YEARS S/O EBRAHIMKUTTY ARYANKALAYIL HOUSE, PEZHAKKAPPILLY PO MUVATTUPUZHA, PIN - 686673

3 VAHID YOUSEF, AGED 30 YEARS S/O YOUSEF PARAYILKUDIYIL HOUSE ,PEZHAKKAPPILLY PO,MUVATTUPUZHA., PIN - 686673

4 WASIM ACRAM, AGED 37 YEARS PARAYIL KUDI HOUSE,PEZHAKAPILLY PO,MUVATTUPUZHA ,, PIN - 686673 BY ADV SHRI.AFSAL P. BASHEER RESPONDENTS:

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

2 MAHIN ABUBACKER, AGED 28 YEARS S/O MEERAN AGED 28,EDAPARAYIL HOUSE,PEZHAKAPILLY PO,MUVATTUPUZHA, PIN - 686673

3 MEERAN MOOSA S/O MOOSA,EDAPARAYIL HOUSE,PEZHAKKAPILLY PO,MUVATTUPUZHA *IMPLEADED AS ADDITIONAL RESPONDENT NO:3 AS PER ORDER DATED 3.2.2026 IN CRL MA 1/2026 BY ADV SMT.JUBAIRIYA SALIM PP.SRI.M.P.PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

09.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

---------------------------------------

CRL.MC NO. 11579 OF 2025 ------------------------------------------------------ Dated this the 9th day of February, 2026

ORDER

The petitioners are the accused Nos.1 to 4 in C.C.No.624/2021 on the file of the Court of the Judicial First Class Magistrate-I, Moovattupuzha, (Trial Court), which has originated from Crime No.1000/2021 registered by the Moovattupuzha Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 341, 323, 324 and 294(b) 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 respondents 2 and 3, who have executed Annexure A2 affidavit and affidavit dated 17.01.2026, 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 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 respondents 2 and 3 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 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 pr

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