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2025 Supreme(Online)(Ker) 52230

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED BASHEER – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10000 OF 2025 | CC NO.2011 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.SABIKH MOHAMMED V.S
For the Respondents: SHRI.FEBIN RAJ TS

The Court can quash non-heinous criminal proceedings when disputes are amicably settled, promoting judicial efficiency.

Headnote:The petitioners, accused of minor offences under the Indian Penal Code, seek to quash proceedings citing an amicable settlement. The Court highlights its inherent powers to dismiss cases when the offences are not heinous, and parties have resolved disputes, reaffirming the principles in Gian Singh v. State of Punjab among others. The Court finds no societal concern or public interest in continuing the prosecution, leading to the decision to allow the petition and quash all related proceedings.

Table of Content
1. petitioners seek quashing due to amicable settlement. (Para 1 , 2)
2. disputes resolved; no objection to quashing. (Para 3 , 4 , 5)
3. court's inherent powers cited for case dismissal. (Para 6 , 7)

ORDER

The petitioners are accused Nos. 1 to 4 in C.C.No.

2011/2023 on the file of the Court of the Judicial First Class Magistrate, Nilambur (‘Trial Court’, for short), which has arisen from Crime No. 1178/2023 registered by the Edakkara Police Station, Malappuram District, alleging the commission of the offences punishable under Section s 341 , 323, 294(b), 506, 201 and 384 read with Section 34 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 third respondent, who has executed Annexure A2 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 third 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 Final Report in Crime No. 1178/2023 of the Edakkara Police Station and all further proceedings in C.C. No. 2011/2023 of the Trial Court, as against the petitioners, are hereby quashed.

Sd/-

C.S.DIAS, JUDGE mtk/

APPENDIX OF CRL.MC 10000/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1178/2023 OF POLICE STATION OF EDAKKARA, MALAPPURAM DISTRICT WHICH IS NOW PENDING AS CC NO.2011/2023 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED

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