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2026 Supreme(Online)(Ker) 12121

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
Sudheer, Clement Antony, Titto P Antony – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 1304 OF 2026 | CRIME NO.41/2026



Advocates:
For the Appellants/Petitioners: E.D.George
For the Respondents: Brisone T. Mathew, SMT.Seetha

The High Court can quash criminal proceedings when parties amicably settle disputes, provided the offences are not serious and serve no public interest.

Headnote:In this case, the petitioners invoked the inherent jurisdiction of the High Court to quash proceedings against them under various sections of the Bharatiya Nyaya Sanhita, 2023, asserting an amicable settlement. The court identified that the offence was not grave, with no public interest involved. The court followed the precedent set by the Supreme Court on quashing criminal proceedings on settlement. The final outcome was the allowance of the Criminal Miscellaneous case and quashing of further proceedings against the petitioners.

Table of Content
1. petitioners sought to quash proceedings based on amicable settlement. (Para 1 , 2)
2. both parties confirmed settlement and no prosecution was pursued. (Para 3 , 4 , 5)
3. court rationale for quashing proceedings based on legal precedents. (Para 6 , 7)

C.S.DIAS, J.

------------------------------------------

Crl.M.C. No. 1304 of 2026 --------------------------------------------

Dated this the 20th day of February, 2026 ORDER The petitioners are the accused Nos. 1 to 3 in Crime No.41/2026 registered by the Pulinkunnu Police Station, Alappuzha, alleging the commission of the offences punishable under Sections 296 (b), 126(2), 351(3), 118(1), 189(2), 191(2) and 191(3) read with Section 190 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 respondents 3 to 6, who have executed Annexures A2 to A5 affidavits, 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 respondents 3 to 6.

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 3 to 6 have no subsisting grievance and do not wish to pursue the prosecution, and have no objection to the proceedings being quashed.

5. The learned Senior 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 A1 First Information Report and all further proceedings in Crime No.41/2026 of the Pulinkunnu Police Station, Alappuzha, as against the petitioners, are hereby quashed.

sd/-

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