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2025 Supreme(Online)(Ker) 52020

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ARUN KRISHNAN MG @ ARUN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8689 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.V.RENJITH KUMAR, SHRI.MOHAPRASEED MOHAN, SHRI.ADARSH SANJEEVAN
For the Respondents: SRI. SANAL P RAJ

Inherent powers of High Court can quash proceedings in non-heinous disputes settled amicably between parties, promoting justice and harmony.

Headnote:This case examines the application of inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings. The petitioners, accused under multiple sections of law, settled the dispute amicably with the respondents, as evidenced by executed affidavits (paragraphs 1-2). Key issues include the gravity of the alleged offences and the need for justice, with the court finding the offences not to be heinous and affirming that continued prosecution would not be fruitful (paragraphs 6-7). The result is that the Criminal Miscellaneous case is allowed, leading to the quashing of the FIR and subsequent proceedings (paragraph 10).

Table of Content
1. challenging fir through inherent jurisdiction due to amicable settlement. (Para 1 , 2)
2. judicial discretion in quashing non-serious offences. (Para 5 , 6)

O R D E R Dated this the 20th day of November, 2025 The petitioners are the accused in Crime No.1068/2025 registered by the Kottiyam Police Station, Kollam alleging the commission of the offences punishable under Sections 332 (c), 126(2), 115(2) and 324(4) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).

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 respondents 3 to 6, who have executed Annexures 2 to 5 affidavits, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondents 3 to 6.

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 respondents 3 to 6 have no subsisting grievance and do 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 FIR and all further proceedings in Crime No.1068/2025 registered by the Kottiyam Police Station, Kollam, as against the petitioners, are hereby quashed.

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