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2026 Supreme(Online)(Ker) 6269

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHIJU B, SHYAMDAS R, HARIDAS, SUNIL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 397 OF 2026 | CRIME NO.1131/2025



Advocates:
For the Appellants/Petitioners: SHRI.JYOTHI R. NAIR
For the Respondents: SHRI.AKSHAY SANTHOSH, SR.PP.SRI.C.S.HRITHWIK

The High Court may quash criminal proceedings when parties have settled disputes amicably, and prosecution continuation is not in the interest of justice.

Headnote:This case involves the quashing of proceedings under Sections 126(2), 115(2), 118(1), 118(2), and 324(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 based on an amicable settlement between the parties. The court emphasized its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash such proceedings when the offences are not serious, and the parties have settled their disputes as per Supreme Court guidelines.

Table of Content
1. court's jurisdiction to quash proceedings based on amicable settlement. (Para 1 , 2)
2. parties resolved disputes amicably; no objection to quashing. (Para 3 , 4)
3. inherent powers can quash cases when offences are not serious. (Para 5 , 6 , 7)

2 PRAKASHAN, AGED 44 YEARS S/O MANIKKAN, BANGLAMEDU, NENMENI P.O, KOLLENGODE, PALAKKAD DISTRICT., PIN - 678506 BY ADV SHRI.AKSHAY SANTHOSH SR.PP.SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Dated this the 30th day of January, 2026 The petitioners are the accused 1 to 4 in Crime No.1131/2025 registered by the Kollengode Police Station, Palakkad, alleging the commission of the offences punishable under Sections 126 (2), 115(2), 118(1), 118(2) and 324(4) 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 registration of the crime has been amicably settled between the petitioners and the 2nd respondent, who has executed Annexure-A2 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 2nd 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 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 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.1131/2025 registered by the Kollengode Police Station, Palakkad, as against the petitioners, are hereby quashed.

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