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2026 Supreme(Online)(Ker) 5615

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
TONEY JOY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11208 OF 2025 | CRIME NO.807/2024



Advocates:
For the Appellants/Petitioners: SMT.PRIYA SHANAVAS, SMT.RIYA RAYMOL IYPE
For the Respondents: SRI.BIJITH S.KHAN, SHRI.SADIQ NAZAR, SHRI.AMEER SALIM, PP.SRI.M.P.PRASANTH

The court can quash criminal proceedings where parties amicably settle disputes, especially in non-serious cases, exercising inherent powers for justice.

Headnote:The petitioners, accused in a criminal case, seek to quash proceedings based on a settlement. Observations indicate non-serious nature of allegations and absence of public interest. Court emphasizes the applicability of inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, citing established precedents. The outcome reflects a decision favoring the petitioners, resulting in the quashing of FIR and related proceedings.

Table of Content
1. case background and nature of settlement. (Para 1 , 2)
2. arguments presented by involved parties regarding settlement. (Para 3 , 4 , 5)
3. judicial rationale for exercising quashing powers. (Para 6 , 7)

ORDER

The petitioners are the accused Nos. 1 to 5 in C.C.No.1542/2025 on the file of the Court of the Judicial First Class Magistrate -I, Chavara, (Trial Court) , which has originated from Crime No.807/2024 registered by the Chavara Thekkumbhagam Police Station, Kollam, alleging the commission of the offences punishable under Section 3 18 (4) r/w (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 registration of the crime has been amicably settled between the petitioners and the 3rd respondent, who has executed Annexure R3(a)

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 3rd 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 3rd 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 in Crime No.807/2024 of the Chavara Thekkumbhagam Police Station and all further proceedings in C.C. No.1542/2025 on the file of the Trial Court, as against the petitioners, are hereby quashed.

Sd/-

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