Kerala High Court
Amal Krishna vs State Of Kerala on 21 April, 2026
2026:KER:33149
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 21ST DAY OF APRIL 2026 / 1ST VAISAKHA, 1948
CRL.MC NO. 3334 OF 2026
CRIME NO.101/2019 OF Kodungallur Police Station, Thrissur
PETITIONER(S)/2ND ACCUSED:
AMAL KRISHNA,
AGED 28 YEARS, S/O.SUDHI,
PULLAKKATT HOUSE, PODIYAN BAZAR,
EDAVILANGU DESOM, KODUNGALLORE TALUK,
THRISSUR DISTRICT, PIN - 680688.
BY ADV.
SRI.N.L.BITTO
RESPONDENT(S)/STATE AND COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
KODUNGALLORE POLICE STATION, THROUGH THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA
AT ERNAKULAM, PIN - 682031.
2 SHIBU,
AGED 30 YEARS, S/O.PAVITHRAN,
ARAKKAPARAMBIL HOUSE, CHANTHAPURA DESOM,
KODUNGALORE TALUK, THRISSUR DISTRICT,
PIN - 680664.
BY ADVS.
SRI.VINEETH V.
SRI.M.C.ASHI, SENIOR PUBLIC PROSECUTOR.
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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The petitioner is the 2nd accused in Crime No.101 of 2019 of
Kodungalloor Police Station, Thrissur District. The offences alleged
against him are under Sections 143, 147, 148, 341, 323, 324,
308, 294 (b), 506, 149 of the Indian Penal Code (IPC), 1860.
2. In the present petition, the petitioner would contend
that the issue involved in this case has been amicably settled with
the defacto complainant, and hence the proceedings against him
are liable to be quashed.
3. Heard the learned counsel for the petitioner, the
learned counsel representing the 2nd respondent and the learned
Public Prosecutor representing the State of Kerala.
4. The defacto complainant has filed an affidavit before
this Court stating that the issue involved in this case has been
amicably settled, and hence there is no need to continue the
prosecution against the petitioner.
5. The learned Public Prosecutor, on instructions,
submitted that the defacto complainant has given statement to
the Investigating Officer also, to the effect that the matter has
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been amicably settled with the accused, and hence he is not at all
interested in continuing the prosecution.
6. It is true that the offences involved in this case include
Section 308 of IPC. But still it has to be stated that when the
crime is the offshoot of private issues between the parties, and
they have resolved the issues amicably, the quashment of
proceedings could be resorted to maintain harmonious
relationship between the parties. The proposition of law in the
above regard has been laid down by the Hon’ble Apex Court in
Yogendra Yadav v. State of Jharkhand [(2014) 9 SCC 653],
wherein it has been held that when quashing of proceedings on
account of compromise would bring about peace, and would
secure ends of justice, High Court should not hesitate to quash
them.
7. It appears that the issue involved in this case is purely
private in nature. As the matter has been amicably settled
between the parties, and the defacto complainant is not at all
interested in continuing the prosecution, there is no purpose to be
fulfilled by the continuance of the prosecution in this case.
Therefore, the request of the petitioner to quash the proceedings
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pursuant to the registration of the Crime against him, has to be
allowed.
In the result, the petition stands allowed. The proceedings
against the 2nd accused in Crime No.101 of 2019 of Kodungalloor
Police Station, Thrissur, are hereby quashed.
(sd/-)
G. GIRISH, JUDGE
anm
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APPENDIX OF CRL.MC NO. 3334 OF 2026
PETITIONER’S ANNEXURES
Annexure-1 A TRUE COPY OF THE FIR IN CRIME NO.101 OF
2019 OF THE KODUNGALLORE POLICE STATION
DATED 17/1/2019.
Annexure-2 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.101 OF 2019 OF THE KODUNGALLORE POLICE
STATION DATED 29/6/2019.
Annexure-3 A TRUE COPY OF THE JUDGEMENT IN SC.806 OF
2019 OF THE ADDITIONAL SESSIONS COURT
IRINJALAKUDA DATED 8/10/2025.
Annexure-4 ORIGINAL OF THE AFFIDAVIT OF THE 2ND
RESPONDENT DATED 28/3/2026.