IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SEETHA N.R – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10207 OF 2025
| Table of Content |
|---|
| 1. petitioner seeks to quash criminal proceedings based on settlement. (Para 1 , 2) |
| 2. court hears submissions from all parties regarding the settlement. (Para 3 , 4 , 5) |
| 3. court observes it has discretion to quash based on the nature of offences. (Para 6 , 7) |
O R D E R
The petitioner is the 3rd accused in Crime No.181 of
2025 registered by the Pattanakkad Police Station, Alappuzha, alleging commission of the offences punishable under Section 61 (2), 316(5), 319(2), 336(2), 336(3), 340(2) and 318(4) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (' BNS ', in short).
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 3rd respondent.
3. I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the 3rd respondent.
4. The learned counsel for the 3rd respondent submits that the other accused in the crime have paid the entire outstanding amount due to the KSFE. Therefore, the 3rd respondent has no objection in the entire 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 I FIR and all further proceedings in Crime No.181 of 2025 of the Pattanakkad Police Station, as against the petitioner, are hereby quashed.
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