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2026 Supreme(Online)(Ker) 4342

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHAMJEER S.L. – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 127 OF 2026 | CRIME NO.764/2024



Advocates:
For the Appellants/Petitioners: SHRI.J.G.SYAMNATH
For the Respondents: PP.SRI.M.P.PRASANTH, SRI.R.RATHEESH

Inherent jurisdiction of the court can quash criminal proceedings when offences are minor and parties have settled disputes amicably.

Headnote:Relevant provisions under Sections 341, 294(b), and 506(i) of the Indian Penal Code were analyzed. The petitioner, the 1st accused in C.C.No.980/2025, approached the court seeking to quash the proceedings citing amicable settlement with the victim. The court found sufficient grounds to allow the plea as there was no grave concern involved, and public interest was not at stake. The main issues revolved around the court’s inherent powers to quash proceedings due to settlements. The court emphasized the necessity for harmony, ultimately allowing the quashing of the proceedings.

Table of Content
1. petitioner seeks quashing based on settlement. (Para 1 , 2)
2. counsels confirm amicable resolution. (Para 3 , 4 , 5)
3. court outlines inherent power and conditions for quashing. (Para 6 , 7)

O R D E R

Dated this the 28th day of January, 2026 The petitioner is the 1st accused in C.C.No.980/2025 on the file of the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram, which has arisen from Crime No.764/2024 registered by the Medical College Police Station, Thiruvananthapuram, alleging the commission of the offences punishable under Sections 341 , 294(b) and

506(i) of the Indian Penal Code .

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, who has executed Annexure-A2 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 3rd 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 3rd 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 Final Report in Crime No.764/2024 of the Medical College Police Station, Thiruvananthapuram, and all further proceedings in C.C.No.980/2025 on the file of the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram, as against the petitioner, are hereby quashed.

Sd/-

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