SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 5312

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MOHAMMED ANZIL N – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8223 OF 2025 | CRIME NO.828/2023



Advocates:
For the Appellants/Petitioners: SHRI.MAAROOF, SMT.NAFIYA SHAHALA C.K.
For the Respondents: SHRI.AJAS K.S., SR.PP.SMT.SEETHA S

The High Court can quash criminal proceedings upon amicable settlement between parties if the offences are not grave and public interest is absent.

Headnote:The petitioner invoked the inherent jurisdiction of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash proceedings for crimes under IPC 420 and IT Act 66D, based on an amicable settlement affirmed by the second respondent. The Court recognized the settled nature of the dispute and lack of public interest in continuing prosecution. Accordingly, further proceedings against the petitioner were quashed.

Table of Content
1. petitioner accused under ipc and it act; seeks quashing based on settlement. (Para 1 , 2)
2. counsel from both sides confirmed amicable resolution and lack of prosecution interest. (Para 3 , 4 , 5)
3. court affirmed quashing due to non-gravity of offences and settlement effecting peace. (Para 6 , 7)

ORDER

The petitioner is accused in C.C.No.908/2025 on the file of the Court of the Judicial First Class Magistrate, Ottapalam, (Trial Court) , which has originated from Crime No.828/2023 registered by the Cherpulassery Police Station, Palakkad, alleging the commission of the offences punishable under Section 420 of the Indian Penal Code and Section 66D of the Information Technology Act .

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 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 submits 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 Annexure A4 Final Report in Crime No.828/2023 of the Cherpulasserry Police Station, Police Station and all further proceedings in C.C. No. 908/2025 on the file of the Trial Court, as against the petitioner, are hereby quashed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top