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2025 Supreme(Online)(Ker) 53450

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
LEENA – Appellant
Versus
SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION – Respondent
CRL.MC NO. 9450 OF 2025 | C.C.NO.1087 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.T.A.SHAIN
For the Respondents: SRI.RADHAKRISHNA PILLAI.G.
SR.PP.SMT.SEETHA

The inherent jurisdiction of the High Court can be invoked to quash proceedings in minor offences when parties have amicably settled their disputes.

Headnote:In this judgment, the High Court of Kerala addresses a Criminal Miscellaneous Case under inherent jurisdiction to quash proceedings derived from a minor offence under Section 17 of the Kerala Money Lenders Act, 1958. The Court noted that the parties, having amicably settled their dispute, including the complainant's affidavit affirming this resolution, warranted the invocation of inherent powers for quashing proceedings. By referring to the Supreme Court precedents, the ruling emphasized that non-grave offences, alongside genuine settlements between parties, justify quashing charges to serve justice effectively. Consequently, the Crl. M.C. was allowed and proceedings against the petitioner were quashed.

Table of Content
1. amicable settlement as grounds for quashing. (Para 1 , 2)
2. submission and agreement from both parties. (Para 3 , 4 , 5)
3. judicial authority on minor offences and settlements. (Para 6 , 7)

O R D E R Dated this the 27th day of November, 2025 The petitioner is the accused in C.C.No.1087/2023 on the file of the Court of the Judicial First Class Magistrate, Njarakkal ( Trial Court), which has arisen from Crime No.937/2014 registered by the Njarakkal Police Station, Ernakulam alleging the commission of the offence punishable under Section 17 of the Kerala Money Lenders, Act, 1958.

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 A3 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 third 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 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 A1 FIR, Annexure A2 final report and all further proceedings in C.C. No. 1087/2023 of the Trial Court, as against the petitioner, are hereby quashed.

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