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2026 Supreme(Online)(Ker) 12933

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANOOP – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1354 OF 2026 | SC NO.703 OF 2023



Advocates:
For the Appellants/Petitioners: SMT.M.B.SHYNI, SHRI.V.R.ANILKUMAR, SHRI.RAJESH KUMAR R., SHRI.ELDHOSE JOY, SMT.VISHNUJA BIJU, SHRI.AMARJITH VADUVANKUTY, SMT.NIHALA AHAMMED KABEER K.
For the Respondents: SHRI.SARAFUDHEEN T., SMT.VISALA DAS, SHRI.VISHNUDEV PERINGAZHI

Court can quash proceedings when parties amicably settle disputes and offenses are not grave, promoting judicial efficiency and harmony.

Headnote:The inherent jurisdiction of the High Court was invoked under Section 528 of the Bharatiya Nagarik Surksha Sanhita by the accused in SC No.703/2023, who asserted that the disputes leading to Crime No.4/2023 had been amicably settled, with affidavits to that effect. The court, upon evaluating submissions from all parties, noted no opposing grievance from respondents and acknowledged a bona fide settlement as stated by the Public Prosecutor. It was concluded that as the alleged offences were not grave, the proceedings should be quashed to promote harmony and save judicial resources.

Result: The Crl. M.C. is allowed; all proceedings against the petitioner are quashed.

Table of Content
1. accused invokes inherent jurisdiction for quashing proceedings. (Para 1 , 2)
2. resolution and lack of grievance lead to no objection for quashing. (Para 3 , 4 , 5)
3. court's power to quash based on settlement reflected. (Para 6 , 7)

C.S.DIAS, J.

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

Crl.M.C. No. 1354 OF 2026 -----------------------------------------------

Dated this the 23rd day of February, 2026 ORDER The petitioner is the accused in SC No.703/2023 on the file of the Principal Sessions Court, Kozhikode, which has originated from Crime No.4/2023, registered by the Atholy Police Station, Kozhikode, alleging the commission of the offences punishable under Sections 341 , 323 and

324 of the Indian Penal Code .

2. The petitioner has invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Surksha Sanhita , 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, who have executed Annexures 3 and 4 affidavits, affirming the settlement.

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

4. The learned counsel on either side submit 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, Annexures-1 FIR, 2 Final Report and all further proceedings in SC No.703/2023 on the file of the Principal Sessions Court, Kozhikode, as against the petitioner are hereby quashed.

sd/-

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