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2026 Supreme(Online)(Ker) 9688

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ASHIK RADHAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9702 OF 2025|CRIME NO.1757/2018|CC NO.1640 OF 2018



Advocates:
For the Appellants/Petitioners: SRI.K.K.DHEERENDRAKRISHNAN, SMT.N.P.ASHA
For the Respondents: SRI.SHAJIN S.HAMEED, SR PP, SMT SEETHA S

The High Court may quash criminal proceedings if the offences are not severe, and a genuine settlement has been reached.

Headnote:This judgment pertains to the quashing of proceedings in a criminal case arising under Sections 447, 323, and 324 of the Indian Penal Code. The petitioner contended that the dispute had been amicably settled between parties. The court had to consider if inherent powers should be exercised to quash proceedings. It found the alleged offences were not severe, and public interest was not at stake (Paragraphs 1, 4-6). The issues included the nature of the offences and merits of the settlement. The court concluded that quashing proceedings served justice (Paragraph 6, 7). The court allowed the application to quash the FIR and further proceedings.

Table of Content
1. facts of the case and prior proceedings. (Para 1 , 2)
2. arguments regarding settlement and no objection from parties. (Para 3 , 4 , 5)
3. court observations on the application of inherent powers. (Para 6)
4. final ruling based on the nature of the offences. (Para 7)

O R D E R

Dated this the 09th day of February, 2026 The petitioner is the 1st accused in C.C.No.1640/2018 on the file of the Court of the Judicial First Class Magistrate- III, Thiruvananthapuram, which has arisen from Crime No.1757/2018 registered by the Thampanoor Police Station, alleging the commission of the offences punishable under Sections 447 , 323 and 324 read with Section 34 of the Indian Penal Code .

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 respondents 2 and 3. The 2nd respondent has filed Annexure-III affidavit and the 3rd respondent has given his statement directly to the Investigating Officer by e-mail.

3. I have heard the learned Counsel appearing for the petitioner, the learned Senior Public Prosecutor, and the learned Counsel for the respondents 2 and 3.

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 respondents 2 and 3 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, Annexure-I First Information Report, Annexure-II Final Report in Crime No.1757/2018 of the Thampanoor Police Station, and all further proceedings in C.C.No.1640/2018 on the file of the Court of the Judicial First Class Magistrate-III, Thiruvananthapuram, as against the petitioner, are hereby quashed.

Sd/-

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