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2026 Supreme(Online)(Ker) 7797

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
ANTONY ROBERT DIAS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11608 OF 2025 | CRIME NO.971/2022



Advocates:
For the Appellants/Petitioners: Sri. Sojan Micheal
For the Respondents: Sr. Public Prosecutor Sri. Vipin Narayan.A., Sri. I.J. Augustine

The court affirmed that amicable settlements between parties can warrant the quashing of criminal proceedings under specific legislative provisions.

Headnote:This case involves a plea to quash a final report under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners, accused in the case, sought quashing due to amicable settlement. The court found no reason to deny the request and allowed the quashing. The primary issue was whether the settlement necessitated the quashing of proceedings, leading to the court’s affirmation of settling matters amicably. The final order quashed the proceedings against the petitioners.

Table of Content
1. filing for quashing of a final report under specific legislative provision. (Para 1)
2. settlement affirmed by both parties and prosecutor. (Para 2 , 5)
3. court allows quashing based on affirmation of settlement. (Para 4 , 6)

ORDER

Dated this the 30th day of January, 2026 This criminal miscellaneous case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash Annexure-I Final Report in Crime No.971/2022 of Ernakulam Town South Police Station and all further proceedings in C.C.No.965/2022 on the files of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. The petitioners herein are accused Nos.1 to 3 in the above case.

2. Heard the learned counsel for the petitioners as well as the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections

341 and 323 r/w 34 of the Indian Penal Code, are alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard. The de facto complainant stated in the affidavit that he has no intention to proceed further in this matter.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties.

6. Even though the learned Public Prosecutor was given two opportunities to record the statement of the de facto complainant, the same has not been done so far. Hence, this Court proceeds to act upon the affidavit filed by the de facto complainant. Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment. Therefore, in the interest of justice, this petition is liable to be allowed. In the result, this Criminal Miscellaneous Case stands allowed. Annexure-I Final Report in Crime No.971/2022 of Ernakulam Town South Police Station and all further proceedings in C.C.No.965/2022 on the files of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam, against the petitioners herein, stand quashed.

Sd/-

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