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2026 Supreme(Online)(Ker) 5125

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NIKHIL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 5654 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.DHANESH V.MADHAVAN, SMT.DEVIKA K.R.
For the Respondents: SRI.C.K.SAJEEV

Inherent powers can quash proceedings when offenses are not serious, facilitating settlements that serve justice.

Headnote:The petitioners, accused in Crime No.630/2025, invoke inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash proceedings. A settlement is affirmed by affiants. The court acknowledges that offenses are not heinous, and prolonged prosecution is unnecessary, per Gian Singh v. State of Punjab [(2012) 10 SCC 303]. Due to the amicable resolution, the Crl. M.C. is allowed, quashing further proceedings.

Table of Content
1. accused seek quashing of proceedings. (Para 1 , 2)
2. settlements endorsed by parties. (Para 3 , 4 , 5)
3. inherent powers outlined regarding quashing. (Para 6)
4. court's considerations for quashing proceedings. (Para 7)

O R D E R Dated this the 29th day of January, 2026 The petitioners are the accused in Crime No.630/2025 registered by the Pudukkadu Police Station, Thrissur, alleging the commission of the offences punishable under Sections 126 (2), 115(2), 118(1) and 110 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).

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 2 to 4, who have executed Annexures 2, 3 and 4 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 2 to 4.

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 2 to 4 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, 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 and all further proceedings in Crime No.630/2025registered by the Pudukkadu Police Station, as against the petitioners, are hereby quashed.

SD/-

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