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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
AFSAL @ ASIF SHAJI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. inherent jurisdiction can be invoked to quash non-grave offences upon settlement. (Para 1 , 2) |
| 2. amicable resolution and absence of grievance justify quashing proceedings. (Para 3 , 4 , 5) |
| 3. court's exercise of inherent powers is meant to prevent undue hardship in non-serious cases. (Para 6 , 7) |
O R D E R Dated this the 20th day of November, 2025 The petitioners are the accused 4 and 5 in Crime No.264/2025 registered by the Maranalloor Police Station, Thiruvananthapuram alleging the commission of the offences punishable under Sections 189 (2), 191(2) and 191(3), 115(2), 118(1), 110 r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 ( BNS ) and Section 27 of the Arms Act, 1959 .
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 second respondent, who has executed Annexure A2 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Pub
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