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2026 Supreme(Online)(Ker) 4418

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHIHAD P – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 216 OF 2026 | CRIME NO.203/2024



Advocates:
For the Appellants/Petitioners: SHRI.MAAROOF R
For the Respondents: SHRI.AJAS K.S., PP.SRI.M.P.PRASANTH

The court can quash criminal proceedings when parties amicably settle and the offences are not serious, promoting justice and harmony.

Headnote:The petitioners sought to quash proceedings in Crime No.203/2024 under Sections 406 and 420 IPC based on a settlement with the de facto complainant. The court examined the inherent powers to quash such proceedings, referencing prior judgments. The court held that the offences were not serious, and the case was conducive to quashing to promote harmony. Resultantly, the FIR and further proceedings are quashed.

Table of Content
1. petitioners seek to quash fir based on settlement. (Para 1 , 2)
2. all parties agree to amicable settlement. (Para 3 , 4 , 5)
3. court observes provisions for quashing under inherent powers. (Para 6 , 7)

O R D E R

Dated this the 27th day of January, 2026 The petitioners are the accused in Crime No.203/2024 registered by the Kadavanthra Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 406 and 420 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 2nd respondent, who has executed Annexures-A2 to A4 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 2nd 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 2nd 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 First Information Report and all further proceedings in Crime No.203/2024 of the Kadavanthra Police Station, as against the petitioners, are hereby quashed.

Sd/-

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