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2026 Supreme(Online)(Ker) 5115

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MIDHUN P.D – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 418 OF 2026 | CC NO.190 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.VIVEK VENUGOPAL
For the Respondents: SHRI.ATHUL POULOSE, PP SRI M P PRASANTH

Inherent powers can quash proceedings if disputes between the parties are amicably settled and no public interest is involved.

Headnote:The petitioner has invoked the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash proceedings in CC No.190/2025 on grounds of amicable settlement. The court finds no serious offences being alleged and notes the lack of public interest in continuing prosecution, thus allowing the quashment. The interpretation of inherent powers to quash based on settlement is supported by precedents including Gian Singh v. State of Punjab.

Table of Content
1. background of case and settlement. (Para 1 , 2)
2. parties agreed on the settlement. (Para 3 , 4)
3. court's rationale for quashing. (Para 5 , 6 , 7)

O R D E R Dated this the 29th day of January, 2026 The petitioner is the 1st accused in C.C.No.190/2025 on the file of the Court of the Judicial First Class Magistrate-III, North Paravur (Trial Court) which has originated from Crime No.267/2025 registered by the Puthenvelikkara Police Station, Ernakulam alleging the commission of the offences punishable under Sections 126 (2), 351(2), 296(b), 115(2) and 118(1) r/w Section 3 (5)

of the Bharatiya Nyaya Sanhita, 2023 .

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 second respondent, who has executed Annexure 3 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 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 1 FIR, Annexure 2 final report and all further proceedings in C.C. No.190/2025 of the Trial Court, as against the petitioner, are hereby quashed.

Sd/-

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