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2026 Supreme(Online)(Ker) 6272

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAJEEVAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 455 OF 2026 | CRIME NO.946/2025



Advocates:
For the Appellants/Petitioners: SRI.R.LAIJU
For the Respondents: SRI.SARUN RAJAN, SRI.C.S.HRITHWIK

Inherent powers may be exercised to quash proceedings when disputes are amicably settled and the offences are not serious.

Headnote:The petitioner, an accused in Crime No.946/2025, invoked the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash proceedings. The parties amicably settled their disputes, and the State had no objection to the quashing. The Court found that the alleged offences were not serious and continuation would not serve justice. In line with precedent, the Court exercised its inherent powers. The primary legal issues framed were whether the inherent powers could be invoked given the amicable settlement and non-serious nature of the offences. The Court reasoned that allowing the quashing would promote harmony and that continuation of the prosecution was futile. It referenced established principles from prior cases on quashing criminal proceedings due to settlement. Resultantly, the Court allowed the Crl. M.C. allowing the quashing of the FIR and all further proceedings in the case.

Table of Content
1. accused files to quash fir; settlement achieved. (Para 1 , 2)
2. counsel reports amicable resolution and no objection. (Para 3 , 4 , 5)
3. court's reliance on past rulings for exercising quash. (Para 6 , 7)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947 CRL.MC NO. 455 OF 2026 CRIME NO.946/2025 OF KATTOOR POLICE STATION, THRISSUR PETITIONER/ACCUSED:

SAJEEVAN AGED 53 YEARS S/O BALAN, THAIVALAPPIL HOUSE, KARALAM VILLAGE, THRISSUR, PIN - 680711 BY ADV SRI.R.LAIJU RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 KIRAN LOTUS AGED 31 YEARS S/O LOTUS, MARATH HOUSE, KARALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR, PIN - 680711 BY ADV SRI.SARUN RAJAN 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 petitioner is the accused in Crime No.946/2025 registered by the Kattoor Police Station, Thrissur, alleging the commission of the offences punishable under Sections 126 (2), 115(2) and 118(1) of the Bharatiya Nyaya Sanhita , 2023.

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 2nd respondent, who has executed Annexure-A2 affidavit, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioner, the learned 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 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.946/2025 of the Kattoor Police Station, as against the petitioner, are hereby quashed.

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