The High Court can quash criminal proceedings based on amicable settlements in non-heinous offences to secure justice.

C.S.DIAS, J.

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

Crl.M.C. No. 427 OF 2026 --------------------------------------------

Dated this the 29^th day of January, 2026 ORDER The petitioners are the accused 1 to 12 in CC No.2/2025 on the file of the Juvenile Justice Board, Thalassery, which has originated from Crime No.818/2024 registered by the Chakkarakkallu Police Station, Kannur, alleging the commission of the offences punishable under Sections 126 (2) and 115(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Kerala Prohibition of Ragging Act, 1998 .

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 2^nd respondent, whose father has executed Annexure-A5 affidavit, affirming the settlement, since the 2nd respondent is a minor.

3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the 2^nd 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 2^nd 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.2/2025 on the file of the Juvenile Justice Board, Thalassery, as against the petitioners, are hereby quashed.

sd/-