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2026 Supreme(Online)(Ker) 13793

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
PARAMBATH ASHRAF – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 321 OF 2026 | CC NO.760 OF 2024 | CRIME NO.227/2024



Advocates:
For the Appellants/Petitioners: SMT.UMMUL FIDA, SRI.C.IJLAL, SMT.P.PARVATHY, SHRI.MAJID MUHAMMED K.
For the Respondents: SHRI.ANANDU R.

The High Court can quash criminal proceedings based on mutual settlement between parties under inherent powers when offences are not grave.

Headnote:The petitioner has invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, citing amicable settlement with the third respondent. The Court found the offences to be non-heinous, and proceeding with prosecution would burden justice. The principles of inherent powers have been established in Gian Singh v. State of Punjab and others. The Court concluded that this is a fit case to exercise inherent jurisdiction, allowing the Criminal Miscellaneous case and quashing all further proceedings.

Table of Content
1. petitioner involved in minor offences seeks quashing based on settlement. (Para 1 , 2)
2. both parties resolved the dispute amicably and seek court assistance. (Para 3 , 4 , 5)
3. court applies inherent jurisdiction based on precedent to quash proceedings. (Para 6 , 7)

O R D E R Dated this the 27th day of February, 2026 The petitioner is the accused in C.C.No.760/2024 on the file of the Court of the Judicial First Class Magistrate, Thalassery ( Trial Court) which has originated from Crime No.227/2024 registered by the Chokli Police Station, Kannur alleging the commission of the offences punishable under Sections 341 , 323 and 294(b) of the Indian Penal Code .

2. The petitioner has 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 petitioner and the third respondent, who has executed Annexure A3 affidavit, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the third 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 third 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, Annexure A2 final report and all further proceedings in C.C. No.760/2024 of the Trial Court, as against the petitioner, are hereby quashed.

SD/-

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