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2026 Supreme(Online)(Ker) 5132

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SIJIN, SAJEER S, HASHIM A, SHERIN M – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11533 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.NEERAJA V.S.
For the Respondents: SMT.ANJALI N.

Inherent jurisdiction may be exercised to quash non-grave criminal proceedings where parties reach an amicable settlement.

Headnote:The petitioners, accused in Crime No. 3059/2025, invoked the inherent jurisdiction to quash proceedings citing amicable settlement under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court acknowledged the Supreme Court's ruling allowing quashing where offences are not grave and disputes amicably resolved. Consequently, proceedings were quashed due to the nature of offences and parties achieving settlement.

Table of Content
1. factual basis for invoking quashing of proceedings. (Para 1 , 2)
2. settlement reached between parties. (Para 3 , 4 , 5)
3. court's authority to quash in non-heinous cases. (Para 6 , 7)

O R D E R Dated this the 29th day of January, 2026 The petitioners are the accused in Crime No.3059/2025 registered by the Kollam East Police Station, Kollam alleging the commission of the offences punishable under Sections 3 51 (2), 351(1), 140(3) and 137(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ) and Section 27 of the Arms Act .

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 third respondent, who has executed Annexure A3 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 third 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 third 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 FIR and all further proceedings in Crime No. 3059/2025 registered by the Kollam East Police Station, as against the petitioners, are hereby quashed.

SD/-

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