IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
P.M.Noushad – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 10313 OF 2025
| Table of Content |
|---|
| 1. petitioner seeks to quash the fir based on not constituting an offence. (Para 1 , 2) |
| 2. court discusses the implications of amicable settlement and inherent powers. (Para 3 , 4 , 5 , 6) |
ORDER
The petitioner is the accused in Crime No.429/2025 registered by the Chittar Police Station, Pathanamthitta, alleging the commission of the offence punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita , 2023.
2. The criminal miscellaneous case is filed to quash all further proceedings in the crime on the assertion that, even if the allegations are taken on its face value, the same would not attract the offence alleged against the petitioner.
3. When the criminal miscellaneous case came up for consideration on 15.12.2025, this Court had referred the parties to the mediation.
4. I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the 3rd respondent.
4. The learned counsel for the petitioner and the learned counsel for the 3rd respondent submit that the dispute which led to the registration of the crime has been amicably settled between the petitioner and the 3rd respondent as per the memorandum of settlement agreement dated 16.01.2026 executed by the parties and counter signed by the respective counsel before the mediator of the High Court Mediation Centre, Ernakulam. The petitioner has complied with the conditions in the mediation settlement agreement.
5. 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.
6. On an overall consideration of the facts and materials on record, particularly 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 Crime No. 429/2025 of the Chittar Police Station, Pathanamthitta, as against the petitioner, are hereby quashed.
Sd/-
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