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2026 Supreme(Online)(Ker) 5600

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ARUN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 186 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH
For the Respondents: SMT.SINDHU K.S.

Inherent powers may quash criminal proceedings if offences are not grave and parties have amicably settled.

Headnote:The petitioners sought to quash criminal proceedings for offences under the Bharatiya Nyaya Sanhita, 2023, citing amicable settlement. The Court, noting the non-gravity of the offences and absence of public interest, invoked inherent powers to quash based on the parties' settlement. The decision references judicial precedents on such settlements. Issues included whether the inherent powers could be exercised for quashing proceedings in light of the settlement. The Court concluded that the offences were not serious, allowing for quashing as prosecution continuation served no purpose. Final results in favor of the petitioners, with FIR and proceedings quashed.

Table of Content
1. parties filed a petition citing amicable settlement to quash charges. (Para 1 , 2 , 3)
2. disputes were resolved amicably with no further grievance. (Para 4 , 5)
3. court may invoke inherent powers for non-grave offences upon settlement. (Para 6 , 7)

C.S.DIAS, J.

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

Crl.M.C. No. 186 OF 2026 --------------------------------------------

Dated this the 29th day of January, 2026 ORDER The petitioners are the accused 4 and 5 in Crime No.1899/2025 registered by the Kodungallur Police Station, Thrissur, alleging the commission of the offences punishable under Sections 3 31 (2), 305(a), 317(2) and 317(5) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

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 filing of the complaint has been amicably settled between the petitioners and the 2nd 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 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-1 FIR and all further proceedings in Crime No.1899/2025 registered by the Kodungallur Police Station, Thrissur, as against the petitioners, are hereby quashed.

sd/-

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