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2025 Supreme(Online)(Ker) 52201

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MANAF, ANAS, SHOWKATH, SALMANUL FARIS, RAFEEQ, SWALIH MUHAMMAD, SADIQ, SHABEER, ALI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9840 OF 2025 | CC NO.1445 OF 2022



Advocates:
For the Appellants/Petitioners: AJAS K.S.
For the Respondents: ALRESIN S.A., MUHAMMAD SABITH

The court can quash criminal proceedings under inherent powers when parties amicably settle disputes involving non-grave offences.

Headnote:The petitioners, accused Nos. 1 to 9 in C.C.No. 1445/2022, invoked the court's inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash criminal proceedings based on amicable settlement among parties, as detailed in affidavits (Annexures A3 to A6). The court acknowledged submissions from all sides indicating no prosecution desire from the party respondents and deemed the offences not heinous; therefore, continuation of proceedings would hinder justice. Accordingly, the court facilitated the settlement, allowing the petition to quash further proceedings.

Table of Content
1. filing of c.c.no. 1445/2022 based on crime no. 2533/2022. (Para 1 , 2)
2. parties reached an amicable settlement. (Para 4 , 5)
3. court observed non-grave status of offences. (Para 6 , 7)

ORDER

The petitioners are accused Nos. 1 to 9 in C.C.No. 1445/2022 on the file of the Court of the Judicial First Class Magistrate-I, Moovattupuzha, which has arisen from Crime No. 2533/2022 registered by the Muvattupuzha Police Station, Ernakulam District, alleging the commission of the offences punishable under Sections 143 , 144, 148, 341, 323 and 324 read with Section 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 respondents 2 to 5, who have executed Annexures A3 to A6 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 2 to 5.

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 respondents have no subsisting grievance and do not wish to pursue the prosecution and have 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 A1 FIR, Annexure A2 Final Report in Crime No. 2533/2022 of the Muvattupuzha Police Station and all further proceedings in C.C.No. 1445/2022 on the file of the Court of the Judicial First Class Magistrate-I, Moovattupuzha, as against the petitioners, are hereby quashed.

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