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2025 Supreme(Online)(Ker) 52202

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ALVIN JOHNKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9845 OF 2025 | CRIME NO.675/2025



Advocates:
For the Appellants/Petitioners: SHRI.B.PRAMOD, SHRI.ATHUL M.V.
For the Respondents: SMT.SOBHA KUMARY K.

Inherent powers can quash criminal proceedings if offenses are minor and parties have settled disputes amicably.

Headnote:The petitioner, the first accused in Crime No. 675/2025, seeks to quash proceedings under Sections 115(2), 126(2), and 118(1) of the Bharatiya Nyaya Sanhita, 2023, based on an amicable settlement with the second respondent. The court notes that the parties, supported by counsel, have resolved their disputes amicably, and the State has no objection to the application. It asserts the court's inherent powers under established precedents for quashing charges when offenses are trivial and settlement serves the ends of justice. Thus, the proceedings are allowed to be quashed to promote harmony between the parties.

Table of Content
1. quashing of proceedings based on settlement. (Para 1 , 2)
2. submission from parties on resolution. (Para 3 , 4 , 5)
3. rationale for quashing aligned with justice. (Para 7)

ORDER

The petitioner is the first accused in Crime No.

675/2025 registered by the Arthungal Police Station, Alappuzha District, alleging the commission of the offences punishable under Sections 115 (2), 126(2) and 118(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 .

2. The petitioner has 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 petitioner and the second respondent, who has executed Annexure A-3 affidavit, affirming the settlement.

3. I have heard the learned counsel appearing for the petitioner, 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 A-1 FIR in Crime No. 675/2025 registered by the Arthungal Police Station, Alappuzha District, and all further proceedings pursuant to it, as against the petitioner, are hereby quashed.

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