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2025 Supreme(Online)(Ker) 51008

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED HADIF – Appellant
Versus
FADHIL N. – Respondent
CRL.MC NO. 573 OF 2025 | CRIME NO.701/2023



Advocates:
For the Appellants/Petitioners: SHRI.AZHAR M., SRI.ZUBAIR PULIKKOOL
For the Respondents: SHRI.U.ANANDAPADMANABHA MENON, SMT. SEETHA

The High Court may exercise its inherent powers to quash proceedings when the parties amicably settle disputes, provided the offence is not grave or heinous.

Headnote:Statute Analysis: The petitioners seek to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences under IPC Sections 341, 323, and 506(i). Facts of the Case: The dispute has been amicably settled, with a sworn affidavit from the complainant affirming the settlement.

Findings of Court:
The court finds the offences non-serious, with no public interest involved, warranting the use of inherent powers to quash proceedings.

Issues: The court frames whether it should quash proceedings due to settlement.

Ratio Decidendi: The court follows precedents regarding inherent jurisdiction to quash non-grave offences when reconciliation occurs.

Result: The Crl. M.C. is allowed, quashing further proceedings in C.C. No. 312/2024 against the petitioners.

Table of Content
1. petitioners invoke inherent jurisdiction for quashing. (Para 1 , 2)
2. hearing of counsel on amicable settlement. (Para 3 , 4 , 5)
3. inherent powers applied to non-serious offences. (Para 6 , 7)

O R D E R Dated this the 14th day of November, 2025 The petitioners are the accused 1 and 2 in C.C.No.312/2024 on the file of the Court of the Judicial First Class Magistrate, Payyoli, which has arisen from Crime No.701/2023 registered by the Payyoli Police Station, Kozhikode alleging the commission of the offences punishable under Sections 341, 323 and 506(i)

r/w Section 34 of the Indian Penal Code.

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 first respondent, who has executed Annexure 2 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 first respondent.

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 first 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 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 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 1 final report in Crime No. 701/2023 of the Payyoli Police Station, Kozhikode and all further proceedings in C.C. No. 312/2024 on the file of the Judicial First-Class Magistrate Court, Payyoli as against the petitioners, are hereby quashed.

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