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2026 Supreme(Online)(Ker) 6273

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANEES KA – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 463 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.E.B.THAJUDDEEN, SHRI.ARTHUR B. GEORGE
For the Respondents: SMT.SEETHA S., SR.PP ADV SRI.PAUL VARGHESE (PALLATH)

The court can quash criminal proceedings where disputes are settled and are not of serious nature, promoting justice and judicial efficiency.

Headnote:The petitioners invoked inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings of C.C.No.121 of 2025 based on a settlement with the second respondent. The court determined that the offences alleged are not heinous, and continuing the proceedings would burden the judicial process without promoting justice. The court reaffirmed the principles established in Gian Singh v. State of Punjab and related cases concerning quashing proceedings based on amicable settlements. The proceedings are quashed in light of the settlement and absence of public interest.

Table of Content
1. petitioners sought to quash proceedings based on a settlement. (Para 1 , 2)
2. court assessed the absence of grievance from the complaining party. (Para 3 , 4 , 5)
3. court confirmed the appropriateness of quashing based on established precedents. (Para 6 , 7)

O R D E R

The petitioners are accused Nos.1 to 3 in C.C.No.121 of 2025 on the file of the Court of the Judicial Magistrate of First Class-I, Kothamangalam ('Trial Court', in short), which originates from Crime No.1663 of 2024 registered by the Kothamangalam Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 126 (2), 296(b), 115(2) and 118(1) 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 A3 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 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 FIR, Annexure A2 Final Report and all further proceedings in C.C. No.121 of 2025 of the Trial Court, as against the petitioners, are hereby quashed.

Sd/-

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