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2025 Supreme(Online)(Ker) 52199

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
DHANUSH, MUHAMMED RAFEEQ, THOUFEER, ASIF, AFSAL, SHAMMAS, MUHAMMED SHAFI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9820 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.DEEPAK RAJ, SMT.BEVINA RAMACHANDRAN
For the Respondents: SMT.ASWATHY K.S.

The court can quash criminal proceedings when disputes are amicably settled, provided the offences are not heinous and there is no public interest involved.

Headnote:The petitioners invoked the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash proceedings in C.C. No. 13/2023. The dispute settled amicably, with the second respondent affirming no grievance. The Court found the offences not grave, supporting quashing in light of prior Supreme Court findings on inherent powers.

Result: Crl. M.C. is allowed and all proceedings against petitioners are quashed.

Table of Content
1. factual background including offences charged and nature of proceedings. (Para 1 , 2)
2. amicable settlement and its implications in court proceedings. (Para 3 , 4 , 5)
3. judicial reasoning on inherent powers and conditions for quashing. (Para 6 , 7)

ORDER

The petitioners are accused Nos. 1 to 7 in C.C.No. 13/2023 on the file of the Court of the Judicial First Class Magistrate, Pathanapuram, which has arisen from Crime No. 1562/2022 registered by the Kunnikode Police Station, Kollam District, alleging the commission of the offences punishable under Sections 143 , 147, 294(b), 341, 323 and 324 read with Sections 34 and 149 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 second respondent, who has executed Annexure III 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 party 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 the Hon’ble Supreme Court inGian 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 I FIR, Annexure II Charge Sheet in Crime No. 1562/2022 of the Kunnikode Police Station and all further proceedings in C.C.No. 13/2022 on the file of the Court of the Judicial First Class Magistrate, Pathanapuram, as against the petitioners, are hereby quashed.

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