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2026 Supreme(Online)(Ker) 5027

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHAIBY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11677 OF 2025 | CRIME NO.947/2021



Advocates:
For the Appellants/Petitioners: SRI.M.K.FAISAL, SHRI.AKHIL FAISAL
For the Respondents: SHRI.AJAY C. S., SR.PP., SRI.C.S.HRITHWIK

The Court may quash criminal proceedings if the offences are not grave and parties have amicably settled their disputes.

Headnote:The Court analyzed the powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash pending criminal proceedings. The petitioners, alleged accused, sought to quash proceedings based on an amicable settlement with the complainant, and the State's non-objection supported the petition. The Court confirmed that the offences were not heinous and were resolved amicably, allowing the quashing of proceedings as per judicial precedents established. The Court reinforced that as per judicial authority, resolution between parties offers grounds for intervention to secure justice when continuance serves no purpose.

Table of Content
1. accused details and case background. (Para 1)
2. amicable settlement between parties. (Para 2 , 3 , 4 , 5)
3. court's authority to quash based on settlement. (Para 6 , 7)

O R D E R

Dated this the 30th day of January, 2026 The petitioners are the accused 1 and 2 in C.C.No.683/2022 on the file of the Court of the Judicial First Class Magistrate-III, North Paravur, which has arisen from Crime No.947/2021 registered by the North Paravur Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 34 1 , 294(b), 323 and 324 read with 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 2nd respondent, who has executed Annexure-3 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 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-1 First Information Report, Annexure-2 Final Report in Crime No.947/2021 of the North Paravur Police Station and all further proceedings in C.C.No.683/2022 on the file of the Court of the Judicial First Class Magistrate-III, North Paravur, as against the petitioners, are hereby quashed.

Sd/-

C.S.DIAS, JUDGE NAB PETITIONER ANNEXURES ANNEXURE 1 A TRUE COPY OF THE FIR AND FIS OF CRIME NO.

947/2021 OF NORTH PARAVUR POLICE STATION.

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