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2026 Supreme(Online)(Ker) 5221

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BABU SAIKH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 316 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.ARUN FRANCIS, SMT.DEENA JOSEPH, SHRI.HARIKRISHNAN K., SHRI.AKHIL SHAJI, SHRI.MOHAMMED HASHMI THAHA
For the Respondents: SRI.JOBIN PAUL

The court may quash criminal proceedings if the parties reach an amicable settlement and the offences are not grave, ensuring the ends of justice.

Headnote:The judgment examines the use of inherent jurisdiction to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, initiated in Crime No. 1339/2025. The petitioner successfully argues for quashing based on an amicable settlement with the second respondent, with support from the state and counsel. The court emphasizes that in less serious matters where parties have settled, it may invoke its rights to prevent undue judicial burden. Ultimately, the court allows the petition, quashing the FIR and further proceedings.

Table of Content
1. petitioner is accused; seeks quashing of proceedings. (Para 1 , 2)
2. counsel confirm settlement; state supports petitioner's plea. (Para 3 , 4 , 5)
3. inherent powers invoked for quashing based on non-heinous claims. (Para 6 , 7)

C.S.DIAS, J.

------------------------------------------

Crl.M.C. No. 316 OF 2026 --------------------------------------------

Dated this the 28th day of January, 2026 ORDER The petitioner is the accused in Crime No.1339/2025 registered by the Piravam Police Station, Ernakulam, alleging the commission of the offence punishable under Section 118 (1) 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 filing of the complaint has been amicably settled between the petitioner and the 2nd respondent, who has executed Annexure A2 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 2nd respondent.

4. The learned counsel on either side submit 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 A1 FIR and all further proceedings in Crime No.1339/2025 registered by the Piravam Police Station, Ernakulam, as against the petitioner, are hereby quashed.

sd/-

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