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2025 Supreme(Online)(Ker) 52203

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
USHA SREEDHARA MENON – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9850 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.M.B.SANDEEP, SMT.K.P.SREEJA
For the Respondents: SMT SEETHA S

The inherent jurisdiction of the High Court can quash criminal proceedings if parties amicably settle disputes, particularly in non-serious cases.

Headnote:The petitioner, as accused in Crime No. 167/2014, sought to quash proceedings invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, due to amicable settlement. The court discerned that the offences were not heinous and continuation of prosecution would burden justice (paragraphs 1-7). The court's jurisdiction to quash was reinforced by precedents, establishing that settlements in non-grave cases merit invocation of inherent powers (paragraph 6). The petition was allowed, quashing the FIR and further proceedings against the petitioner (paragraph 7).

Table of Content
1. petitioner seeks to quash proceedings based on a settlement. (Para 1 , 2)
2. counsels confirm amicable resolution and lack of objections. (Para 3 , 4 , 5)
3. court recognizes its power to quash based on settlement. (Para 7)

O R D E R

The petitioner is the fourth accused in Crime No.

167/2014 registered by the Palarivattom Police Station, Ernakulam District, alleging the commission of the offences punishable under Sections 120B, 406 and 420 read with Section 34 of the Indian Penal Code.

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 A2 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 A1 FIR in Crime No. 167/2014 registered by the Palarivattom Police Station, Ernakulam District, and all further proceedings pursuant to it, as against the petitioner, are hereby quashed.

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