IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BIZARRE GLOBAL MARKETING SYSTEMS LIMITED – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11060 OF 2025|CC NO.137 OF 2016
| Table of Content |
|---|
| 1. details of the case initiation and charges against the petitioners. (Para 1) |
| 2. arguments made emphasizing amicable settlement leading to quashing. (Para 2 , 3 , 4 , 5) |
| 3. court's assessment of inherent powers to quash based on prior rulings. (Para 6 , 7) |
O R D E R Dated this the 29th day of January, 2026 The petitioners are the accused in C.C.No.137/2016 on the file of the Court of the Chief Judicial Magistrate, Ernakulam (Trial Court), which has originated from Crime No.1641/2011 registered by the Aluva East Police Station, Ernakulam alleging the commission of the offences punishable under Sections 4 06 , 420, 120(b) and 201 r/w Section 34 of the Indian Penal Code and , 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act ,1978.
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 14, who have executed Annexures II to XV affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners and the learned Public Prosecutor.
4. The learned counsel appearing for the petitioner and the learned Public Prosecutor submit that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The respondents 2 to 14 have no subsisting grievance against the petitioners and do not wish to pursue the prosecution. Therefore, they have no objection to the proceedings being quashed.
5. The learned Public Prosecutor also submits that the Investigating Officer has reported that the parties have arrived at a genuine and bona fide settlement. Therefore, 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 I final report and all further proceedings in C.C. No.137/2016 of the Trial Court as against the petitioners, are hereby quashed.
SD/-
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