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2026 Supreme(Online)(Ker) 6934

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
FASIL KUNNUMMAL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9387 OF 2025 | CRIME NO.522/2025



Advocates:
For the Appellants/Petitioners: SHRI.FIRDOUSE.K.K, SHRI.SRIKANTH THAMBAN, SMT.FATHIMA FAIROOSA P., SHRI.VISHNU MOHAN
For the Respondents: SHRI.ALTHAF NABEEL, SR.PP, SRI.C.S.HRITHWIK

Quashing proceedings under inherent jurisdiction requires no public interest or grave offences, particularly when disputes are amicably settled.

Headnote:The petitioners seek to quash proceedings in Crime No.522/2025, alleging offences under Sections 115(2), 351, 138, 189(2), and 190 of the Bharatiya Nyaya Sanhita, 2023, based on an amicable settlement. The court recognizes its inherent jurisdiction to quash criminal proceedings when the dispute is resolved. The court notes the absence of public interest in pursuing prosecution and agrees that it serves justice to quash all actions against the petitioners. The central issues addressed include the appropriateness of invoking inherent powers in light of settled disputes. The court's rationale emphasizes that non-grave offences do not necessitate continuation of prosecution, especially when parties have reconciled, thereby promoting judicial efficiency. The final outcome permits the quashing of FIR and proceedings against the petitioners due to the amicable settlement, reaffirming the application of inherent powers in the High Court.

Table of Content
1. amicable settlement allows for quashing of fir. (Para 1 , 2)
2. mixed submissions indicate consensus on settlement. (Para 3 , 4 , 5)
3. inherent jurisdiction can be exercised for non-serious offences. (Para 6 , 7)

C.S.DIAS, J.

---------------------------------------

CRL.MC NO. 9387 OF 2025 ------------------------------------------------------

Dated this the 30th day of January, 2026 ORDER The petitioners are the accused Nos. 1 to 8 in Crime No.522/2025 registered by the Kalamasserry Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 115 (2), 351, 138, 189(2) and 190 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 respondents 2 and 3, who have jointly executed Annexure A2 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 respondents 2 and 3.

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 respondents 2 and 3 have no subsisting grievance and do not wish to pursue the prosecution, and have 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 and all further proceedings in Crime No.522/2025 of the Kalamasserry Police Station, Ernakulam, as against the petitioners, are hereby quashed.

sd/-

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