SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 12937

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ARUN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1379 OF 2026 | CRIME NO.908/2025



Advocates:
For the Appellants/Petitioners: SHRI.M.P.PRIYESHKUMAR, SRI.NABIL KHADER
For the Respondents: SMT.DIVYA T.P.

The court emphasized the ability to quash non-heinous criminal proceedings when parties amicably resolve disputes, as supported by judicial precedents.

Headnote:Statute Analysis: The court examined the powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the quashing of proceedings due to amicable settlement. Facts of the Case: The accused contested the FIR for minor allegations, claiming the matter was settled with the second respondent.

Findings of Court:
The court found no significant public interest and deemed the offenses not grave enough to warrant continued prosecution.

Issues: The court addressed whether it can quash proceedings based on a settlement.

Ratio Decidendi: The precedent cases established that amicable resolution in non-heinous cases justifies invoking inherent powers for quashing prosecution.

Result: The Crl. M.C. is allowed, quashing all proceedings against the petitioners.

Table of Content
1. complaint regarding non-heinous allegations settled. (Para 1 , 2)
2. parties' mutual consent eliminates prosecutorial interest. (Para 3 , 4 , 5)
3. judicial endorsement of quashing proceedings based on settlement. (Para 6 , 7)

C.S.DIAS, J.

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

Crl.M.C. No. 1379 OF 2026 -----------------------------------------------

Dated this the 23rd day of February, 2026 ORDER The petitioners are the accused 1 to 3 in Crime No.908/2025 registered by the Valayam Police Station, Kozhikode, alleging the commission of the offences punishable under Sections 126 (2), 115(2), 118(1), 118(2) and 110 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 filing of the complaint has been amicably settled between the petitioners and the 2nd respondent, who has executed Annexure-B 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 submit 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 A FIR and all further proceedings in Crime No.908/2025 registered by the Valayam Police Station, Kozhikode, as against the petitioners, are hereby quashed.

sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top