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2026 Supreme(Online)(Ker) 12926

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED SHEHAN JAZAR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1204 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.A.J.SHAHEER, SRI.A.B.JALEEL
For the Respondents: SHRI.K.K.SYAMON

The court affirmed that it can quash criminal proceedings when parties amicably settle disputes, provided offences are not grave and do not serve public interest.

Headnote:In this judgment, the court analyzed the application of sections 126(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023, related to a dispute settled amicably between the petitioners and the 3rd respondent. The court found the offences not serious and deemed that continuation would not serve justice. The key issue revolved around the inherent powers of the court to quash proceedings when a settlement occurs. The court relied on precedents such as Gian Singh v. State of Punjab (2012) and others to substantiate its reasoning. The result was that the criminal miscellaneous case was allowed, quashing the FIR and further proceedings against the petitioners.

Table of Content
1. accused filed for quashing fir based on settlement. (Para 1 , 2)
2. counsels affirmed settlement and absence of grievance. (Para 3 , 4 , 5)
3. court's jurisdiction to quash based on non-heinous nature of offences. (Para 6 , 7)

O R D E R

The petitioners are accused Nos.1 to 3 in Crime No.99 of 2026 registered by the Chengamanad Police Station, alleging the commission of the offences punishable under Sections 126 (2), 118(1) and 118(2) 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 3rd respondent, who has executed Annexure A2 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 3rd 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 3rd 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 A1 FIR and all further proceedings in Crime No.99 of 2026 of the Chengamanad Police Station, as against the petitioners, are hereby quashed.

Sd/-

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