2025 Supreme(Online)(Ker) 57227
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMAD SAHAL T, JAHEED KP – Appellant
Versus
STATION HOUSE OFFICER, STATE OF KERALA, ADHIRATH T P, ANSILSHAN M S, ATHUL KRISHNA, SAI KRISHNA, ABDULLA SHAMIL, HADI SHABEEB, ANUROOP NATH – Respondent
CRL.MC NO. 10181 OF 2025
For the Appellants/Petitioners: SRI.NIDHI BALACHANDRAN
For the Respondents: SRI.THOMAS C.ANTONY, SMT.SEETHA S
The High Court can quash criminal proceedings if the parties have amicably settled and the charged offenses are not heinous.
Headnote:In this case concerning the quashing of proceedings in S.C.No.1363/2024, the petitioners invoked inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to cancel proceedings due to amicable settlement. The court found no heinous nature in allegations and determined that continuation served no purpose based on precedents like Gian Singh v. State of Punjab and others. The decision resulted in quashing the FIR and reports against petitioners.
| Table of Content |
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| 1. quashing proceedings based on amicable settlement and non-heinous nature. (Para 1 , 2) |
| 2. discussion on the amicable resolution of disputes and lack of objections. (Para 3 , 4 , 5) |
| 3. court's reasoning on judicial powers and non-serious crimes. (Para 6 , 7) |
O R D E R
Dated this the 12th day of December, 2025 The petitioners are the accused Nos.2 and 3 in S.C.No.1363/2024 on the file of the Additional Sessions Court (Atrocities and Sexual Violence Against Women and Children), Kozhikode, which has arisen from Crime No.757/2024 registered by the Balussery Police Station, Kozhikode alleging the commission of the offences punishable under Sections 115 (2), 118(1) and 126(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita , 2023.
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 respondents 3 to 9, who have executed Annexures A3 to A9 affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondents 3 to 9.
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 3 to 9 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 A1 First Information Report and Annexure A2 Final Report in Crime No. 757/2024 of the Balussery Police Station and all further proceedings in S.C.No.1363/2024 on the file of the Additional Sessions Court (Atrocities and Sexual Violence Against Women and Children), Kozhikode, as against the petitioners, are hereby quashed.