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2026 Supreme(Online)(Ker) 12931

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NIBIL DAS, JISHNU K, JYOTISH MANU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1325 OF 2026 | SC NO.1362 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.SHAIQ RASAL M.
For the Respondents: SHRI.MOHAMMED JAUFAR K.S.
SRI.M.P.PRASANTH, PP

The High Court may exercise inherent powers to quash proceedings if the offences are not serious and the parties have achieved an amicable settlement.

Headnote:The petitioners invoked the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing proceedings in S.C.No.1362/2024 linked to crime alleging offences under IPC sections. The dispute was amicably settled, with the second respondent affirming the settlement, indicating no objection to quashing. The Court held that where offences are not serious and disputes are amicably resolved, it may quash proceedings to secure justice. The Crl. M.C. is allowed, quashing the FIR and all further proceedings in the case.

Table of Content
1. invocation of inherent jurisdiction under the bharatiya nagarik suraksha sanhita, 2023. (Para 1 , 2)
2. amicable settlement leading to quashing of proceedings. (Para 3 , 4 , 5)
3. criteria for quashing proceedings based on settlement and non-serious nature of offences. (Para 6 , 7)

O R D E R

Dated this the 23rd day of February, 2026 The petitioners are the accused 1 to 3 in S.C.No.1362/2024 on the file of the Additional Sessions Court-III, Manjeri, which has arisen from Crime No.420/2024 registered by the Kolathur Police Station, Malappuram, alleging the commission of the offences punishable under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code.

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 2nd 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 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 A1 First Information Report, Annexure A2 Final Report in Crime No.420/2024 of the Kolathur Police Station, Malappuram, and all further proceedings in S.C.No.1362/2024 on the file of the Additional Sessions Court-III, Manjeri, as against the petitioners, are hereby quashed.

Sd/-

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