Settlement inquiries and judicial discretion's scope in criminal proceedings.

O R D E R Dated this the 12thday of February, 2026 The Criminal Miscellaneous Case is filed to quash all further proceedings in C.C. No. 1348/2020 on the file of the Court of the Judicial First Class Magistrate-IX, Ernakulam, which has originated from Crime No. 893/2020 registered by the Palarivattom Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 447, 294(b), 341, 323, 427 and 506 of the Indian Penal Code.

2. The petitioner had filed the Criminal Miscellaneous Case on the assertion that the dispute that led to the registration of the crime has been amicably settled between him and the second respondent.

3. The learned Public Prosecutor, on instructions, submits that the 2^nd respondent has emphatically stated that he is not willing to give his statement regarding the settlement.

4. In light of the reluctance on the part of the 2^nd respondent to give his statement before the Investigating Officer, I am not inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

In the result, the Crl.M.C is dismissed, without prejudice to the right of the petitioner to file a fresh Crl.M.C on the same cause of action, after the 2^nd respondent is willing for settlement, or raise all the contentions before the Trial Court, including filing an application for discharge, provided the charge has not been framed till date. If such an application is filed, the Trial Court is directed to consider and dispose the application, in accordance with law, untrammelled by any observations made in this order.

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