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2026 Supreme(Online)(Ker) 5605

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ELBIN R – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 379 OF 2026 | CRIME NO.71/2025



Advocates:
For the Appellants/Petitioners: SHRI.SREERAJ M.D., SMT.NEELANJANA NAIR
For the Respondents: ADV SHRI.AJMAL P.

Inherent powers may be invoked to quash proceedings when disputes are amicably settled and charges are not severe.

Headnote:The petitioners, accused in CC No.449/2025, appealed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash proceedings after amicable settlement. The Respondent has affirmed the settlement via an affidavit, compelling the court to consider whether the inherent jurisdiction should be invoked. The court ruled in favor of the petitioners, stating the non-gravitas of the charges and that the continuation of prosecution serves no beneficial purpose, allowing the application and quashing all proceedings.

Table of Content
1. introduction of case and jurisdiction context. (Para 1)
2. ambiguity in offense definitions and application for quashing. (Para 2 , 6)
3. dispute resolution and advocacy of mutual goodwill. (Para 3 , 4 , 5)
4. court's considerations and final ruling. (Para 7)

C.S.DIAS, J.

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

Crl.M.C. No. 379 OF 2026 --------------------------------------------

Dated this the 29th day of January, 2026 ORDER The petitioners are the accused 1 and 2 in CC No.449/2025 on the file of the Court of the Judicial First Class Magistrate-II, Kollam, which has originated from Crime No.71/2025 registered by the Eravipuram Police Station, Kollam, alleging the commission of the offences punishable under Sections 126 (2), 296(b), 118(1), 115(2) and 351(2) 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, Annexures A1 FIR, A2 final report and all further proceedings in CC No.449/2025 on the file of the Court of the Judicial First Class Magistrate-II, Kollam, as against the petitioners, are hereby quashed.

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