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2025 Supreme(Online)(Ker) 53383

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BASHEER @ MUHAMMED BASHEER – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4138 OF 2023 | S.C.No.577 of 2020



Advocates:
For the Appellants/Petitioners: SRI.P.K.SUBHASH, SMT.RAVEENA K.R.
For the Respondents: SRI.M.P.PRASANTH

The court may quash criminal proceedings based on amicable settlement when the alleged offences are not grave, as per established judicial precedents.

Headnote:The petitioner, accused in S.C.No.577 of 2020 arising from Crime No.37 of 2017, seeks quashing of proceedings under Section 482 of the Code of Criminal Procedure, based on an amicable settlement with the respondents who have no grievance. The Court observes that the offences are not grave, public interest is not at stake, and continuation would burden the judicial process. Citing precedents, the Court exercises its inherent powers to quash the proceedings.

Result: 'The Crl. M.C. is allowed. Annexure AI Final Report and all further proceedings in S.C.No.577 of 2020 are hereby quashed.'

Table of Content
1. case background and request for quashing. (Para 1 , 2)
2. parties have amicably settled their disputes. (Para 3 , 4 , 5)
3. court’s reasoning for quashing proceedings. (Para 6 , 7)

O R D E R

The petitioner is the accused in S.C.No.577 of 2020 on the file of the Assistant Sessions Court, Hosdurg ('Trial Court', in short), which has arisen from Crime No.37 of 2017 registered by the Hosdurg Police Station, alleging the commission of the offences punishable under Sections 143 , 147, 148, 427, 323, 324, 325 and 308 read with Section 149 of the Indian Penal Code .

2. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , 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 respondents 2 to 5, who have executed Annexures AIII to AVI affidavits, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the respondents 2 to 5.

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 respondents 2 to 5 have no subsisting grievance and do not wish to pursue the prosecution, and have 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 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 AI Final Report and all further proceedings in S.C.No.577 of 2020 (L.P.No.16 of 2013) of the Trial Court, as against the petitioners, are hereby quashed.

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