IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
SURESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 921 OF 2026 | SC NO.54 OF 2025
| Table of Content |
|---|
| 1. overview of case and jurisdiction (Para 2) |
| 2. parties resolved the dispute amicably (Para 3 , 4 , 5) |
| 3. court's inherent powers justified (Para 6 , 7) |
O R D E R
Dated this the 11thday of February, 2026The petitioner is the accused in S.C.No.54/2025 on the file of the Court of Session, Palakkad, which has arisen from Crime No.885/2024 registered by the Chittoor Police Station, Palakkad, alleging the commission of the offences punishable underSections 126(2), 115(2), 118(1), 351(3) and 110 of theBharatiya Nyaya Sanhita, 2023.
2. The petitioner has 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 petitioner and the 2nd respondent, who has executed Annexure-III affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Senior Public Prosecutor, and the learned Counsel for the 2nd respondent.
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 2nd respondent has no subsisting grievance and does not wish to pursue the prosecution, and has 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-I First Information Report, Annexure-II Final Report in Crime No.885/2024 of the Chittoor Police Station, and all further proceedings in S.C.No.54/2025 on the file of the Court of Session, Palakkad, as against the petitioner, are hereby quashed.
Sd/-
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