SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 53160

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
VISHAL NAIR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9369 OF 2025 | CRIME NO.71/2025



Advocates:
For the Appellants/Petitioners: SRI.C.C.ANOOP, SHRI.JUDE JAMES
For the Respondents: SHRI.RAGHUL SUDHEESH, SMT.J.LAKSHMI, SMT.AMBILY T. VENU, SMT.RACHEL MARY JACOB, SMT.ARUNDHATHI MURALI

Inherent powers of the court can quash criminal proceedings when disputes are amicably settled and are not of a serious nature.

Headnote:The petitioner, invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, sought to quash proceedings in Crime No.71/2025 due to an amicable settlement among parties. Findings indicate no grave offences nor public interest concern, thus allowing quashing. The court emphasizes that where parties have settled disputes and no serious public interest is affected, inherent powers can be exercised to dismiss cases; this is pertinent in the context of upholding justice and facilitating peace among parties. The application is allowed, and all proceedings against the petitioner are quashed.

Table of Content
1. petitioner seeks to quash proceedings due to a settlement. (Para 1 , 2)
2. parties confirm resolution of disputes. (Para 3 , 4)
3. court's power to quash proceedings for non-heinous offences. (Para 5 , 7)

ORDER

The petitioner is the second accused in Crime No.71/2025 registered by the Maradu Police Station, Ernakulam District, alleging the commission of the offences punishable under Sections 406 , 420, 468, 471, 107 and 120B 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 third respondent, who has executed Annexure R3(a)

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 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 FIR in Crime No.71/2025 registered by the Maradu Police Station, Ernakulam District and all further proceedings pursuant to it, as against the petitioner, are hereby quashed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top