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2025 Supreme(Online)(Ker) 52010

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
AFSAL @ ASIF SHAJI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 3721 OF 2025 | CRIME NO.264/2025



Advocates:
For the Appellants/Petitioners: SMT.GAYATHRI RAJAGOPAL, SHRI.PRABHU B.M.
For the Respondents: SHRI.SRINATH C.V.

Court may quash criminal proceedings on the basis of amicable settlement when offences are not serious and serve the interest of justice.

Headnote:The petitioners invoked the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings of Crime No.264/2025 after amicably settling the dispute. The court found that the alleged offences were not heinous, with no public interest involved, thus allowing the quashing of the FIR and further proceedings as it served justice. The relevant laws involved included the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959.

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 Public Prosecutor, and the learned Counsel for the second 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 second 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 A1 FIR and all further proceedings in Crime No. 264/2025 registered by the Maranalloor Police Station, Thiruvananthapuram, as against the petitioners (accused 4 and 5), are hereby quashed.

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