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2025 Supreme(Online)(Ker) 53157

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED JURAIJ – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8664 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.GERALD GEORGE, SMT.MEGHA JOHNY
For the Respondents: SHRI.VISHNU SATHEESAN

The High Court may quash criminal proceedings if offenses are not grave and a dispute is amicably settled, preventing unnecessary judicial burdens.

Headnote:Statute Analysis: This case analyzes the provisions under Sections 126(2), 115(2), 118(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Facts of the Case: The accused petitioners, who are facing charges in Crime No.1653 of 2025, claim that the underlying dispute has been amicably settled with the second respondent, supported by an affidavit.

Findings of Court:
The court finds that there is a genuine settlement, with no public interest at stake, and continues prosecution would serve no purpose. Issues &

Ratio Decidendi: The court frames the question of whether the inherent powers can quash proceedings based on a settlement and concludes that such powers may be exercised where the offences are not grievous and a settlement has occurred, as per precedents established in Gian Singh v. State of Punjab and other cases.

Result: The Crl. M.C. is allowed. Accordingly, Annexure 1 FIR and all further proceedings in Crime No.1653/2025 of the Thodupuzha Police Station, Idukki, as against the petitioners, including the proceedings before the Trial Court, are hereby quashed.

Table of Content
1. the dispute underlying the case was settled amicably. (Para 1 , 2 , 4)
2. both parties agree to dismiss the proceedings. (Para 3 , 5)
3. inherent jurisdiction can be exercised to quash ungrievous offenses with a settlement. (Para 6 , 7)

O R D E R Dated this the 24th day of November, 2025 The petitioners are the accused 1 to 4 in Crime No.1653 of 2025 registered by the Thodupuzha Police Station, Idukki alleging the commission of the offences punishable under Sections 126 (2), 115(2) and 118(1) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).

2. The petitioners 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 petitioners and the second respondent, who has executed Annexure 3 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 second 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. He further submits that the investigation in the case is complete and the final report has been filed before the Court of the Judicial First Class Magistrate, Thodupuzha on 28.09.2025. 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 Hon’ble Supreme Court, in Gian 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 1 FIR and all further proceedings in Crime No.1653/2025 of the Thodupuzha Police Station, Idukki, as against the petitioners, including the proceedings before the Trial Court, are hereby quashed.

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