The court cannot quash proceedings for habitual offenders despite amicable settlement, preserving justice and judicial integrity.

C.S.DIAS, J.

------------------------------------------ Crl.M.C. No.10947 OF 2025 --------------------------------------------

Dated this the 30^th day of January, 2026 ORDER The petitioners are the accused in CC No.1303/2025 on the file of the Court of the Judicial Magistrate of First Class-I, Changanacherry, which has originated from Crime No.501/2025 registered by the Thrikodithanam Police Station, Kottayam alleging the commission of the offences punishable under Sections 118 (1), 126(2), 296(b) and 351(2) 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 filing of the complaint has been amicably settled between the petitioners and the respondents 3 and 4, who have executed Annexures-A3 and A4 affidavits, 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 3 and 4.

4. The learned counsel on either side submit that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The respondents 3 and 4 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 petitioners 2 and 4 are habitual offenders. There are two cases registered against the 2^nd petitioner and four cases registered against the 4^th petitioner in addition to the present crime. In light of the law laid down in State of Madhya Pradesh v. Laxmi Narayan and Others [ (2019) 5 SCC 688 ], this Court may not exercise its inherent powers under Section 528 of the BNS to quash the proceedings in respect of the petitioners 2 and 4.

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 ], Laxmi Narayan’s case (supra), 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. However, in Laxmi Narayanan’s case, it is succinctly held that in case an accused has antecedents, this Court shall not exercise its inherent powers under Section 528 of the BNSS .

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 powers in respect of the petitioners 1, 3, 5 and 6. Nonetheless, since the petitioners 2 and 4 are habitual offenders, I am not inclined to exercise the inherent powers of this Court under Section 528 of the BNSS in their favour.

In the result, the Crl.M.C. is partly allowed. The Crl.M.C. filed by the p