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2026 Supreme(Online)(Ker) 6968

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED SALIM – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 374 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.K.RAKESH
For the Respondents: SHRI.KIRAN THOMAS

Inherent powers can quash criminal proceedings when disputes are amicably settled and alleged offences are not grave.

Headnote:The present case involves a quash petition under Section 528 of the Bharatiya Nagarik Surksha Sanhita concerning proceedings initiated under Sections 379 and 201 of the IPC. The petitioner parties settled amicably, as evidenced by affidavits from respondents 3 and 4. The court finds the nature of the alleged offences non-grave, and quashing proceedings would not harm public interest (paragraphs 6-7). Issues considered include the court's jurisdiction to quash on settlement grounds, as articulated in Gian Singh v. State of Punjab and others. The court applies judicial precedent to uphold its discretion where continuance of proceedings appears futile (paragraph 6).

Result: The court quashes all proceedings against the petitioners in CC No.209/2023.

Table of Content
1. amicable dispute resolution. (Para 1 , 2)
2. consent to quash due to non-grievance. (Para 3 , 4)
3. inherent powers to quash non-serious criminal cases. (Para 5 , 6 , 7)

C.S.DIAS, J.

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

Crl.M.C. No. 374 OF 2026 --------------------------------------------

Dated this the 29th day of January, 2026 ORDER The petitioners are the accused 1 to 6 in CC No.209/2023 on the file of the Court of the Judicial Magistrate of First Class, Chittur, which has originated from Crime No.873/2022, registered by the Chittur Police Station, Palakkad, alleging the commission of the offences punishable under Sections 379 read with Section 34 and

201 of the Indian Penal Code.

2. The petitioners have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Surksha Sanhita , 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 3 and 4, who have executed Annexures C and D 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 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, Annexures-A FIR, B Final Report and all further proceedings in CC No.209/2023 on the file of the Court of the Judicial Magistrate of First Class, Chittur, as against the petitioners are hereby quashed.

sd/-

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