IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SIDIQUESHA @ SIDHEEK, SAJEED, MUHAMMED NAZIM, SUHAID – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1473 OF 2026 | CC NO.80 OF 2024
| Table of Content |
|---|
| 1. overview of case background and settlement initiation. (Para 1 , 2) |
| 2. submissions supporting the amicable resolution. (Para 3 , 4 , 5) |
| 3. judicial perspective on inherent powers for quashing. (Para 6) |
| 4. conclusion on exercising inherent jurisdiction. (Para 7) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947 CRL.MC NO. 1473 OF 2026 CRIME NO.1811/2023 OF Sooranadu Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.80 OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II, SASTHAMCOTTA PETITIONER/S:
1 SIDIQUESHA @ SIDHEEK, AGED 29 YEARS S/O.BASHEER, ETTUKETTUMVILA VEEDU, PALLIMURI, NEAR CASHEW COMPANY, PORUVAZHY, KOLLAM -, PIN - 690520
2 SAJEED, AGED 20 YEARS S/O.SAJEEM, THADATHIL VADAKKATHIL, KOMALLOOR, NEAR CASHEW COMPANY, CHUNAKKARA, ALAPPUZHA NOW RESIDING AT ETTUKETTUMVILA VEEDU, PALLIMURI, NEAR CASHEW COMPANY, PORUVAZHY, KOLLAM, PIN - 690520
3 MUHAMMED NAZIM, AGED 26 YEARS S/O.NAZAR, MUKALUVILA VADAKKATHIL, KAMPALDI, WEST OSTHAMUKKU, PORUVAZHY, KOLLAM, PIN - 690520
4 SUHAID, AGED 22 YEARS S/O. JALEEL, CHARUVILA THEKKATHIL, THEKKEMURI, NEAR AREEKKAL KALUGU, SOORANADU NORTH, KOLLAM -, PIN -
690561 BY ADVS.
SRI.K.SIJU SMT.ANJANA KANNATH SMT.SAFNA P.S.
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER, SOORANADU POLICE STATION, KOLLAM DISTRICT -, PIN -
690522
3 SHANAVAS, AGED 31 YEARS, S/O.SHAJI, SHANAVAS MANZIL, NEAR SAMSKARIKA NILAYAM, AMBALATHUMBHAGOM MURI, PORUVAZHY VILLAGE, KOLLAM DISTRICT -, PIN - 690520 BY ADV SRI.A.MUHAMMED RAFFI OTHER PRESENT:
SR.PP.SMT.SEETHA S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 1473 OF 2026 -----------------------------------------------
Dated this the 26th day of February, 2026 ORDER The petitioners are the accused 1 to 4 in CC No.80/2024 on the file of the Court of the Judicial First Class Magistrate-II, Sasthamcotta, which has originated from Crime No.1811/2023 registered by the Sooranadu Police Station, Kollam, alleging the commission of the offences punishable under Sections 341 , 323 and 324 read with Section 34 of the Indian Penal Code and Sections 92 (a) and 92(b) of the Rights of Persons with Disabilities Act, 2016 .
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, 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 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
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