IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MAHAMOOD MVP, S/O YUSAF MEETHALE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9893 OF 2025 | LP NO.23 OF 2025 | S.C. NO.1765/2024
| Table of Content |
|---|
| 1. inherent jurisdiction allows quashing based on settlement. (Para 1 , 2) |
| 2. counsels confirm agreement on resolution. (Para 3) |
| 3. public prosecutor supports the settlement. (Para 4 , 5) |
| 4. court discusses conditions for exercising quashing powers. (Para 6 , 7) |
O R D E R Dated this the 8th day of December, 2025 The 1st petitioner is the accused in LP No. 23/2025 on the file of the Court of the Additional Chief Judicial Magistrate, Ernakulam (Trial Court) and the 2nd petitioner is the accused in S.C. No.1765/2024 on the file of the Additional Sessions Court-VI, Ernakulam, (Trial Court) which have originated from Crime No.2808 of 2023 registered by the Ernakulam Town North Police Station, alleging the commission of the offences punishable under Sections 308, 341, 323, 324 and 506 r/w Section 34 of the Indian Penal Code.
2. The petitioners have 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-II 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. 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-I final report and all further proceedings in L.P No. 23/2025 and S.C. No. 1765/2024 of the Trial Courts, as against the petitioners, are hereby quashed.
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