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2026 Supreme(Online)(Ker) 11139

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SARANYA @ CHANDRAMATHI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1135 OF 2026



Advocates:
For the Appellants/Petitioners: M.J.SANTHOSH, ANTONY PAUL, GEORGE JOSEPH PULIMOOTTIL, SETHULAKSHMI C.A.
For the Respondents: M.P.PRASANATH, V.A.NAVAS

The court may quash criminal proceedings if the parties reach an amicable settlement, especially for non-grave offences.

Headnote:The petitioners, identified as accused 1 and 2 in Crime No. 18/2026, sought quashing of the proceedings under Sections 329(3), 330(2), and 305 with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, highlighting an amicable settlement. The court found the offences not grave, ruling that the prosecution would not serve any purpose, aligning with the inherent powers outlined in Gian Singh v. State of Punjab. Therefore, proceedings were quashed to promote harmony.

ORDER

The petitioners are accused Nos. 1 and 2 in Crime No. 18/2026 registered by the Ernakulam Town South Police Station, Ernakulam District, alleging the commission of the offences punishable under Sections 329 (3), 330(2) and 305 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

2. The petitioners have 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 petitioners and the second respondent, who has executed Annexure A3 affidavit, affirming the settlement.

3. I have heard the learned counsel appearing for the petitioners, the learned Public Prosecutor, and the learned counsel for the second 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 party 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 submits that the second respondent has not given his statement before the Investigating Officer.

6. Consequently, this Court directed the second respondent to appear in person before this Court. Accordingly, the second respondent personally appeared before this Court, and I have interacted with him. The second respondent has emphatically stated that the dispute between the petitioners and him has been amicably settled and he has executed Annexure A3 affidavit. He has no objection to the criminal miscellaneous case being allowed.

7. 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 the 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.

8. 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 A2 FIR in Crime No. 18/2026 of the Ernakulam Town South Police Station and all further proceedings pursuant to it, as against the petitioners, are hereby quashed.

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