SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 6268

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ABDUL HALEEM T.P – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 319 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.SANOJ M.A.
For the Respondents: SHRI.S.SIVACHALAM, SR.PP.SRI.C.S.HRITHWIK

The court may quash criminal proceedings if the offences are not serious and the parties have reached an amicable settlement.

Headnote:This judgment involves an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging further proceedings in a case registered for offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2000. The parties have amicably settled their disputes, and the third respondent expresses no objection to the request for quashing the proceedings, indicating a lack of societal concern or heinous elements in the alleged offences. The court emphasizes the grounds for exercising inherent powers and the ability to dispose of cases where prosecution would serve no purpose, ultimately allowing the application and quashing the FIR and proceedings.

Table of Content
1. applicability of inherent jurisdiction in non-serious criminal cases. (Para 1 , 2)
2. settlement between parties influences the court's decision to quash. (Para 3 , 4 , 5)
3. emphasis on the nature of the offences and justice. (Para 6 , 7)

O R D E R Dated this the 30th day of January, 2026 The petitioner is the 1st accused in Crime No.09/2025 registered by the Cyber Crime Police Station, Palakkad, alleging the commission of the offences punishable under Sections 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2000 .

2. The petitioner has 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 petitioner and the 3rd respondent, who has executed Annexure-A4 affidavit, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioner, the learned Senior 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 Senior 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 First Information Report and all further proceedings in Crime No.09/2025 registered by the Cyber Crime Police Station, Palakkad, as against the petitioner, are hereby quashed.

sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top