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2025 Supreme(Online)(Ker) 49901

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RATHEESH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1710 OF 2025 | CRIME NO.229/2025



Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH
For the Respondents: SMT.REETHU JACOB SR.PP. SRI.C.S. HRITHWIK

The court may refuse to exercise inherent powers to quash proceedings based on the accused's criminal antecedents, despite an amicable settlement.

Headnote:This case concerns the application of Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash proceedings in a criminal matter. The petitioners, accused of various offenses under the Bharatiya Nyaya Sanhita, 2023, argue that an amicable settlement has been achieved with the respondents. However, the court noted the petitioners' history of criminal activities, referencing prior superior court judgments. Ultimately, it determined not to exercise its inherent powers to quash the proceedings and dismissed the appeal.

Table of Content
1. quashing proceedings per section 528 requires mutual resolution of parties. (Para 1 , 2)
2. inherent powers may not apply if the accused have a history of criminal behavior. (Para 3 , 4 , 5)
3. supreme court rulings guide the limits of inherent powers usage based on past infractions. (Para 6)

Dated this the 6th day of November, 2025 ORDER The petitioners are accused 1 to 3 in Crime No.229/2025 registered by the Parippally Police Station, Kollam, for allegedly committing the offences punishable under Sections 189 (2), 191(2), 191(3), 190, 296(b), 115(2), 118(1), 110 and 324(4) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ).

2. The petitioners have approached this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash Annexures A1 final report and all further proceedings in Crime No.229/2025. It is averred in the criminal miscellaneous case 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 has affirmed Annexures A2 and A3 affidavits, vouching for 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 submit that, with the intervention of relatives and well- wishers, the parties have resolved their differences amicably. The respondents 2 and 3 are no longer desirous of pursuing the prosecution and have no objection in the proceedings being quashed.

5. The learned Public Prosecutor, on instructions, submits that the petitioners are history-sheeters. All of them are involved in three and more crimes for allegedly committing the offence punishable under Section 395 of the Indian Penal Code. Therefore, this Court may not exercise its inherent powers to quash the proceedings.

6. In State of Madhya Pradesh v. Laxmi Narayan and Others [ (2019) 5 SCC 688 ], and Naushey Ali v. State of U.P. [ (2025) 4 SCC 78 ], the Honourable Supreme Court has held that where the parties have arrived at an amicable settlement, the inherent powers of this Court can be exercised to quash the proceedings, provided the accused persons do not have criminal antecedents.

Taking into consideration the fact that the petitioners are a history-sheeters and the law laid down in the aforecited decisions, I am not inclined to exercise the inherent powers of this Court. In the result, this Crl.M.C. is dismissed, without prejudice to the right of the petitioners to raise all their contentions before the Trial Court.

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